CookNow – Terms of Use
Last updated: 8 June 2025
Please read these Terms & Conditions (“Terms”) carefully before using the CookNow mobile application (the “App” or “Service”) operated by famwa – c/o Alexa Wagner, Thierschstrasse 51, 80538 Munich, Germany (“we”, “us”, “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Eligibility & Acceptance
1.1 You must be at least 16 years old (or the digital-consent age in your country, whichever is higher) and have legal capacity to enter into this contract.
1.2 These Terms constitute a legally binding agreement between you and us.
2. No Mandatory Account Creation
2.1 CookNow does not require you to create a user account. Basic functionality is linked to your Apple ID and device.
2.2 Certain optional features (e.g. photo upload) may require you to grant access to device permissions. See our Privacy Policy for details.
3. Subscription & Payment
3.1 CookNow is offered on a subscription basis via Apple In-App Purchases, with subscription management provided by RevenueCat®.
3.2 Plans (as of 08.06.2025):
- CookNow Monthly — US $4.99 /month
- CookNow Weekly — US $1.99 /week
3.3 Free trial. If a free trial is offered, Apple will begin charging 24 hours before it ends unless you cancel in iOS Settings → Subscriptions.
3.4 Auto-renewal. Subscriptions renew automatically until cancelled at least 24 hours before the end of the current period. Deleting the App does not cancel the subscription.
3.5 Statutory withdrawal right. See § 14 for the EU 14-day right of withdrawal for digital content.
4. The Service
4.1 CookNow uses the OpenAI API to (a) recognize food ingredients from photos you optionally provide and (b) generate cooking recipes.
4.2 AI output is for informational and entertainment purposes only. Always verify ingredients, allergens, and cooking safety independently.
5. User-Provided Content
5.1 You warrant that you own or control all rights in any photos or text you upload (“User Content”) and that such content does not infringe third-party rights or violate laws.
5.2 License grant. You grant us a non-exclusive, worldwide, royalty-free license to process User Content solely to operate and improve the Service, including forwarding it to the OpenAI API.
5.3 We do not claim ownership of your User Content.
6. AI-Generated Content
6.1 Recipes and other materials generated by the Service (“AI Content”) may contain errors or omissions.
6.2 AI Content is not professional dietary, nutritional, or medical advice.
6.3 Subject to your compliance with these Terms, we grant you a personal, non-transferable, revocable license to use AI Content for non-commercial purposes.
7. Acceptable Use and Fair Use
You agree not to: (a) use the Service for unlawful, harmful, or offensive purposes; (b) infringe intellectual-property or privacy rights; (c) reverse-engineer or exploit the Service or AI models; (d) interfere with security features; (e) resell AI Content without written permission; or (f) generate more than one‑hundred (100) recipes per week under a single subscription (“Fair‑Use Cap”). If you reach the Fair‑Use Cap, we may temporarily throttle recipe generation, postpone fulfilment, or offer you an upgrade to a higher‑volume plan.
8. Intellectual Property
All trademarks, code, and other materials in the App (excluding User Content) are our property or licensed to us and protected by applicable laws. You may not copy or modify the App except as expressly permitted.
9. Third-Party Services
The App integrates with RevenueCat and OpenAI. Your use of those services is subject to their respective terms. We are not responsible for third-party services’ content, policies, or practices.
10. Disclaimer of Warranties
The Service is provided “as is” and “as available”. We do not guarantee uninterrupted or error-free operation. Nothing in this section limits statutory rights set out in § 11.
11. Statutory Warranty for Digital Content
Consumers have the statutory rights for digital products under Sections 327d et seq. of the German Civil Code (BGB). We will provide any security or functional updates that are necessary to keep the Service in conformity with the contract for the duration of your subscription.
12. Liability
12.1 Unlimited liability. We are liable without limitation for damages caused intentionally or by gross negligence and for damages resulting from injury to life, body, or health.
12.2 Limited liability for simple negligence. If damage is caused by simple negligence, we are liable only for the breach of an essential contractual obligation—an obligation whose fulfilment enables proper performance of this contract and on which you may regularly rely. In that case, our liability is limited to (a) the foreseeable and typical damage for this type of contract and (b) an overall amount not exceeding the subscription fees you paid to us during the twelve (12) months immediately preceding the event giving rise to the claim.
12.3 Excluded liability. We are not liable for simple-negligence breaches of ancillary obligations that are not essential contractual obligations, nor for loss of profit, loss of data, or other indirect or consequential damages.
12.4 Scope of the limitations. The foregoing limitations of liability also apply to our legal representatives, employees, and vicarious agents. Mandatory statutory liability—such as liability under the German Product Liability Act—remains unaffected.
13. Indemnification
If you culpably use the Service in a manner that is unlawful or in breach of this agreement and, as a result, we suffer damage or third-party claims are asserted against us, you agree to indemnify and hold us harmless from such claims.
14. Right of Withdrawal
Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason.
Loss of the right of withdrawal. If you expressly consent during the purchase flow that we begin to supply the digital content before the end of the withdrawal period and acknowledge that you thereby lose your right of withdrawal, the right of withdrawal expires when the download or streaming begins.
In all other respects the withdrawal information provided by Apple applies (https://support.apple.com/HT204084).
15. Online Dispute Resolution / Consumer Arbitration
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute-resolution proceedings before a consumer-arbitration board.
16. Governing Law & Dispute Resolution
These Terms are governed by German law. The courts of Munich, Germany, shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms, to the extent legally permissible.
17. Severability & Waiver
If any provision is held invalid, the remaining provisions remain in effect. Failure to enforce a right or provision is not a waiver of that right.
18. Apple App Store Terms
You acknowledge that Apple is not a party to these Terms and is not responsible for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple has no further obligations.
19. Changes to the Service & Terms
We may modify or discontinue the Service at any time. We will provide notice of material changes to these Terms. Continued use after changes take effect constitutes acceptance.
20. Contact
For support or legal enquiries write to support@cooknow.app or the postal address above.