Terms of Service & End User License Agreement
TERMS OF SERVICE Welcome to the "All My Recipes: Recipe Keeper" app (the "App") provided by MASSIVE DRAGON SOFTWARE PTY LTD ("Company", "we", "us", or "our"). By accessing or using the App, you ("you" or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. Acceptance of Terms These Terms govern your access to and use of the App. By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App. Eligibility The App is intended for users who are at least 18 years old or the age of majority in their jurisdiction. By using the App, you represent and warrant that you meet these eligibility requirements. Account Registration To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update your account information as necessary to keep it accurate. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. User Content The App may allow you to upload, submit, or share content such as recipes, images, or other materials ("User Content"). By submitting User Content, you grant Company a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the User Content in connection with the App and Company's services. Prohibited Conduct You agree not to use the App for any unlawful or prohibited purposes, including but not limited to: Uploading or sharing content that infringes intellectual property rights or is defamatory, obscene, or otherwise illegal. Using the App in an automated way through scripts, bots, or other automated means. Attempting to gain unauthorized access to the App or its related systems. Interfering with the operation of the App or its services. Intellectual Property The App and all associated content, features, and functionality are owned by Company and are protected by intellectual property laws. You may not use Company's trademarks, logos, or other proprietary materials without prior written consent. User-Generated Recipes Company's AI-generated recipes are owned exclusively by Company. Company does not guarantee the accuracy or safety of these recipes, and users consume any food or drink created using the App at their own risk. Company is not liable for any harm or injury resulting from the use of the App or the consumption of user-generated recipes. Third-Party Services The App may integrate or link to third-party services, websites, or content. Company does not endorse and is not responsible or liable for any third-party services, websites, or content. Your use of third-party services is at your own risk and subject to their terms and policies. Termination Company reserves the right to terminate or suspend your access to the App, with or without cause, at any time and without prior notice. Upon termination, you must cease all use of the App and destroy all copies. Disclaimer of Warranties THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Limitation of Liability IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR DATA LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or related to your use of the App, violation of these Terms, or your violation of any law or the rights of any third party. Modifications Company reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the App after any modifications constitutes your acceptance of the updated Terms. Governing Law These Terms shall be governed by and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Contact Information If you have any questions or concerns about these Terms or the App, please contact us at: Email: support@allmyrecipes.co Address: MASSIVE DRAGON SOFTWARE PTY LTD, Suite 261 / 10-20 Gwynne Street, Cremorne, 3121, Australia Phone: +61 478961792 By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must not use the App.
1. END USER LICENSE AGREEMENT 2. This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and MASSIVE DRAGON SOFTWARE PTY LTD ("Company") for the "All My Recipes: Recipe Keeper" mobile application software and any associated services (collectively, the "App"). 3. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APP. Acknowledgement 4. You acknowledge that this Agreement is concluded between you and Company only, and not with Apple. Company, not Apple, is solely responsible for the App and the content thereof. License Grant 5. Subject to your compliance with the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App solely for your personal, non-commercial use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Restrictions 6. You may not: - Modify, disassemble, decompile, reverse engineer, or create derivative works of the App. - Use the App for any unlawful or prohibited purpose. - Use the App in an automated way or through scripts, bots, or other automated means. - Use any content or materials within the App for which you do not have a license or permission. - Share or distribute the App with third parties. User Content and Submissions 7. By uploading or submitting any content, data, or materials to the App, you grant Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with the App and Company's services. Data Collection and Use 8. The App may collect and use technical data and related information, including but not limited to analytics data about your use of the App. This data is collected to help Company improve the App and its services. Company does not advertise or share this data with third parties for their own marketing purposes. Intellectual Property 9. The App and all associated content, features, and functionality are owned by Company and are protected by intellectual property laws. You may not use Company's trademarks or logos without prior written consent. User-Generated Recipes 10. Company's AI-generated recipes are owned exclusively by Company. Company does not guarantee the accuracy or safety of these recipes, and users consume any food or drink created using the App at their own risk. Company is not liable for any harm or injury resulting from the use of the App or the consumption of user-generated recipes. Maintenance and Support 11. Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Warranty 12. To the maximum extent permitted by applicable law, Company is solely responsible for any product warranties, whether express or implied. 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 for the App to you. Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company's sole responsibility. Product Claims 13. You acknowledge that Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Intellectual Property Rights 14. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Legal Compliance 15. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Third Party Terms 16. You must comply with any applicable third-party terms of agreement when using the App. Third Party Beneficiary 17. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Disclaimer of Warranties 18. THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Limitation of Liability 19. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR DATA LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Termination 20. This Agreement is effective until terminated. Company may terminate this Agreement and your license to use the App at any time, with or without cause. Upon termination, you must cease all use of the App and destroy all copies. Governing Law 21. This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Contact Information 22. If you have any questions or concerns about this Agreement or the App, please contact us at: - Email: support@allmyrecipes.co - Address: MASSIVE DRAGON SOFTWARE PTY LTD, Suite 261 / 10-20 Gwynne Street, Cremorne, 3121, Australia - Phone: +61 478961792