Terms of Service

The following Terms of Service govern your access to and use of the Recipe Cloud website, mobile applications, and related services (collectively, the “Services”). The Services are owned and operated by Recipe Cloud LLC (“Recipe Cloud,” “we,” “us,” or “our”). The Services are offered subject to your acceptance of these terms and conditions, along with any other applicable operating rules, policies, and procedures that may be published by Recipe Cloud from time to time, including, without limitation, Recipe Cloud’s Privacy Policy and, where applicable, any End User License Agreement for the mobile applications (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to be bound by this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you may not access or use the Services. If these terms and conditions are considered an offer by Recipe Cloud, acceptance is expressly limited to these terms.

Your Account
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your account information updated as needed. You are responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account. You may not share your account credentials with any third party or permit any other person to access the Services using your account.

You must notify Recipe Cloud immediately of any unauthorized use of your account or any other breach of security. Recipe Cloud will not be liable for any loss or damage arising from your failure to safeguard your account credentials or notify us promptly of any unauthorized use or security breach.

Eligibility
To access or use the Services, you must be an adult under applicable law, or have the permission and supervision of a parent or legal guardian. By accessing or using the Services, you represent and warrant that you meet these requirements.

User Content
If you operate an account, you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available through the Services, you represent and warrant that:

• the downloading, copying, posting, sharing, and use of the Content will not infringe the proprietary, intellectual property, privacy, publicity, or other rights of any third party, including but not limited to copyright, patent, trademark, or trade secret rights;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make the Content available, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical, deceptive, or unwanted commercial content designed to drive traffic to third-party sites, boost the search engine rankings of third-party sites, further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, obscene, threatening, abusive, or otherwise unlawful, does not incite violence, and does not violate the privacy or publicity rights of any third party; and
• your account name, username, display name, and other account information are not presented in a manner that misleads other users into thinking that you are another person or company. For example, your account display name may not be the name of a person other than yourself or a company other than your own.

By submitting Content to Recipe Cloud through the Services, you grant Recipe Cloud a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, display, distribute, and otherwise use the Content solely for the purpose of operating, displaying, distributing, and promoting the Services. If you delete Content, Recipe Cloud will use reasonable efforts to remove it from active display within the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Recipe Cloud has the right (though not the obligation), in Recipe Cloud’s sole discretion, to (i) refuse or remove any content that, in Recipe Cloud’s reasonable opinion, violates this Agreement or any Recipe Cloud policy, or is in any way harmful, offensive, or objectionable, or (ii) suspend, terminate, or deny access to and use of the Services to any individual or entity for any reason, in Recipe Cloud’s sole discretion.

Acceptable Use
You may use the Services only in compliance with this Agreement and all applicable laws, rules, and regulations. You may not use the Services in any way that could harm Recipe Cloud, the Services, or other users.

Without limiting the foregoing, you agree that you will not:

• use the Services for any unlawful, fraudulent, deceptive, or misleading purpose;
• impersonate any person or entity, or misrepresent your identity or affiliation;
• access, scrape, crawl, copy, or collect content, data, or information from the Services by automated means, except as expressly authorized by Recipe Cloud;
• interfere with, disrupt, damage, overburden, or impair the operation or security of the Services, or attempt to gain unauthorized access to any portion of the Services, other accounts, or related systems or networks;
• upload, transmit, or distribute any viruses, worms, malware, Trojan horses, or other harmful or destructive code;
• circumvent, disable, or interfere with any security feature, access control, subscription restriction, usage limit, or other protective measure of the Services;
• use the Services in a manner that infringes, misappropriates, or otherwise violates the rights of Recipe Cloud or any third party; or
• use the Services in any manner that is abusive, harassing, threatening, hateful, offensive, or otherwise objectionable.

Recipe Cloud reserves the right to investigate, suspend, restrict, or terminate access to the Services for any user who violates this Agreement or uses the Services in a manner that Recipe Cloud determines to be harmful, abusive, unlawful, or otherwise inappropriate.

Content Available Through the Services
Recipe Cloud has not reviewed, and cannot review, all of the material made available through the Services, and cannot therefore be responsible for that material’s content, use, or effects. By operating the Services, Recipe Cloud does not represent or imply that it endorses the material posted through the Services, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property or other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Recipe Cloud disclaims any responsibility for any harm resulting from your use of the Services or any content made available through the Services.

Third-Party Websites and Content
Recipe Cloud has not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Services link, or that link to the Services. Recipe Cloud does not have any control over those third-party websites and webpages and is not responsible for their contents or their use. By linking to a third-party website or webpage, Recipe Cloud does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Recipe Cloud disclaims any responsibility for any harm resulting from your use of third-party websites, webpages, or content.

Copyright Infringement and DMCA Policy
As Recipe Cloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on, or linked to by, the Services violates your copyright, you are encouraged to notify Recipe Cloud. Recipe Cloud will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling access to the infringing material. Recipe Cloud will terminate a user’s access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of others. In the case of such termination, Recipe Cloud will have no obligation to provide a refund of any amounts previously paid to Recipe Cloud.

Recipe Cloud complies with the provisions of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512, as amended). To dispute any material posted on the Services, contact the Designated Agent at the following address:

Recipe Cloud LLC, 1985 Riviera Dr, Ste 103 #571 Mount Pleasant, SC 29464

E-mail: legal [at] recipecloudapp [dot] com

Intellectual Property
This Agreement does not transfer from Recipe Cloud to you any of Recipe Cloud’s or any third party’s intellectual property. All right, title, and interest in and to such property will remain, as between the parties, solely with its owner. Recipe Cloud, RecipeCloudApp.com, the Recipe Cloud mobile applications, the Recipe Cloud name and logo, and all other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Recipe Cloud or Recipe Cloud’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Recipe Cloud’s or any third party’s trademarks or other intellectual property.

Subscription, Billing, Auto-Renewal, Cancellation, and Refunds

• Paid Plans.
  Some features of the Services may require a paid subscription or other purchase. The pricing, features, billing intervals, and terms applicable to any paid plan will be presented to you at the time of purchase or sign-up. Recipe Cloud reserves the right to change its pricing, subscription plans, features, or billing terms at any time, subject to applicable law.
  
  
• Billing Authorization.
  If you purchase a subscription through the Services, you authorize Recipe Cloud and its third-party payment processors to charge the applicable fees, taxes, and any other disclosed charges using your selected payment method on a recurring basis, where applicable. If you purchase a subscription through the Apple App Store or another third-party marketplace, your purchase, billing, cancellation, and refund rights may also be subject to the terms and policies of that third party.
  
  
• Automatic Renewal.
  Unless otherwise stated at the time of purchase, subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
  
  
• Cancellation.
  If you cancel a subscription, your access to the applicable paid features will generally continue until the end of your then-current billing period, and your subscription will not renew after that time. Deleting your account or removing the application from your device does not automatically cancel your subscription. For subscriptions purchased through the Apple App Store or another third-party marketplace, you must manage and cancel your subscription through that marketplace in accordance with its rules and procedures. For subscriptions purchased directly through Recipe Cloud, you may manage or cancel your subscription through your account settings, billing portal, or other method made available through the Services.
  
  
• Failed Payments.
  If any payment cannot be completed, is declined, is reversed, or is otherwise not successfully processed, Recipe Cloud may suspend, restrict, downgrade, or terminate your access to any paid features or the Services until the payment issue is resolved.
  
  
• Refunds.
  Except as required by applicable law, fees paid for subscriptions and other purchases are non-refundable. Any refunds, credits, or adjustments provided by Recipe Cloud will be granted, if at all, in Recipe Cloud’s sole discretion. If you purchased a subscription through the Apple App Store or another third-party marketplace, refunds may be handled solely by that third party in accordance with its policies.
  
  
• Promotions and Trials.
  Recipe Cloud may offer discounts, promotional pricing, coupons, trials, or other special offers from time to time. Unless otherwise expressly stated, such offers may be modified, suspended, or discontinued at any time, and may be subject to additional terms and conditions. After any promotional or trial period ends, your subscription may renew at the then-current standard rate unless canceled in accordance with the applicable terms presented at sign-up or purchase.
  
  

Advertisements
Recipe Cloud reserves the right to display advertisements, sponsored content, affiliate links, promotions, and similar marketing or commercial content through the Services, subject to applicable law. Some content made available through the Services may be sponsored or may include affiliate links, which means Recipe Cloud may earn a commission or other compensation if you click on or make a purchase through those links, at no additional cost to you unless otherwise disclosed. Recipe Cloud is not responsible for the content, offers, products, services, or practices of advertisers, sponsors, affiliates, or other third parties featured through the Services.

Third-Party Services
The Services may include links to, integrations with, or access to third-party websites, services, products, content, features, or promotions, including, for example, services such as Instacart. Your use of any third-party service may be subject to that third party’s own terms, conditions, policies, and practices. If you engage with Instacart through the Services, the applicable Instacart terms, including the Instacart Tastemakers Affiliate Marketing Program Terms of Service where applicable, will govern your interactions with Instacart. Recipe Cloud does not control and is not responsible for any third-party services, including their availability, content, features, offerings, billing practices, terms, policies, privacy practices, or actions.

Changes
Recipe Cloud reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to review this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Recipe Cloud may also, in the future, offer new services, features, tools, or resources through the Services, and such new services, features, tools, or resources shall be subject to the terms and conditions of this Agreement.

Termination
Recipe Cloud may suspend, restrict, or terminate your access to all or any part of the Services at any time, with or without notice, if Recipe Cloud believes you have violated this Agreement or used the Services in a harmful, abusive, unlawful, or otherwise inappropriate manner.

You may stop using the Services at any time. If you wish to delete your account, you may contact Recipe Cloud using the contact information made available through the Services or, if available, use the account deletion feature within the Services. Cancellation of a paid subscription is governed by the Subscription, Billing, Auto-Renewal, Cancellation, and Refunds section of this Agreement.

Upon termination, your right to access and use the Services will cease, except as otherwise required by applicable law. Any provisions of this Agreement that by their nature should survive termination will survive, including ownership provisions, payment obligations, warranty disclaimers, indemnity, limitations of liability, and dispute-related provisions.

Disclaimer of Warranties
The Services are provided “as is” and “as available.” Recipe Cloud and its suppliers and licensors disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Recipe Cloud nor its suppliers or licensors makes any warranty that the Services will be error-free or that access to the Services will be continuous, uninterrupted, secure, or available at any particular time or location. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

Limitation of Liability
In no event will Recipe Cloud, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Recipe Cloud under this Agreement during the twelve (12) month period prior to the cause of action. Recipe Cloud shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty
You represent and warrant that (i) your use of the Services will be in strict accordance with the Recipe Cloud Privacy Policy, this Agreement, and all applicable laws and regulations, including, without limitation, any local laws or regulations in your country, state, city, or other governmental area regarding online conduct, acceptable content, and the transmission of technical data exported from the United States or the country in which you reside, and (ii) your use of the Services will not infringe, misappropriate, or otherwise violate the intellectual property or other rights of any third party.

Indemnification
You agree to indemnify and hold harmless Recipe Cloud, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to your use of the Services, your Content, or your violation of this Agreement.

Miscellaneous
This Agreement constitutes the entire agreement between Recipe Cloud and you regarding the Services and supersedes any prior agreements or understandings relating to the same subject matter. We may update this Agreement from time to time by posting a revised version on the Services, and the revised version will become effective upon posting or as otherwise stated.

Except as otherwise required by applicable law, this Agreement and any dispute arising out of or relating to this Agreement or the Services will be governed by the laws of the State of South Carolina, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Charleston County, South Carolina, and you consent to the personal jurisdiction of those courts.

If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be deemed a waiver of that provision or any other provision. You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.