Kitchen Cloud Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Kitchen Cloud, Inc., a Delaware corporation with its principal place of business in Florida ("Kitchen Cloud," "we," "us," or "our"). These Terms govern your access to and use of the Kitchen Cloud mobile application, website, and related services (collectively, the "Service").

By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

We may offer separate or supplemental terms for specific editions of the Service (Consumer, Restaurant, Retail). Where those terms conflict with this document, the edition-specific terms control for that edition.

You must be at least 16 years old to create a Kitchen Cloud account. By using the Service, you represent that you meet this requirement.If we learn that we have collected information from a user under 16, we will take steps to delete that account and associated data. If you believe a user under 16 has created an account, contact us at support@kitchencloud.ai.

Registration. You need an account to use most features of the Service. You agree to provide accurate, current information and to keep it up to date.

‍Account Security. You're responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately at support@kitchencloud.ai if you suspect unauthorized access.

‍Household Accounts. Kitchen Cloud supports multi-user household accounts. The primary account holder can manage permissions for other members, including what they can view or edit. Each household member's use of the Service is subject to these Terms.

‍One Account Per Person. Don't create more than one personal account, and don't create an account on behalf of someone else without their permission.

Kitchen Cloud provides tools to help you track pantry inventory, plan meals, reduce food waste, and manage grocery shopping, including through Julia, our AI assistant. Features vary by plan and by which edition of the Service you're using (Consumer, Restaurant, or Retail), and we may add, change, or remove features at any time.

We're improving the Service continuously. Features described in marketing materials or in-app messaging may be in beta, may change, or may not yet be available in your region.

Julia uses artificial intelligence, including third-party AI models, to answer questions, suggest recipes, and provide guidance based on the information you share with Kitchen Cloud.

‍Not Professional Advice. Julia's recommendations, including nutrition information, dietary suggestions, and food safety guidance (such as expiration or freshness estimates), are provided for general informational purposes only. They are not medical, nutritional, or professional advice. Always use your own judgment about food safety, and consult a qualified professional for medical or dietary decisions, particularly if you have allergies, health conditions, or specific dietary needs.

Food Freshness and Recall Information. Food freshness and expiration estimates provided anywhere in the Service, including inventory screens and Julia’s responses, are estimates only and do not establish that food is safe to consume. Recall alerts, when available, identify potential matches and do not confirm that your specific item is subject to a recall. Recall information may be incomplete, inaccurate, or delayed. You should review the applicable FDA, USDA, or manufacturer recall notice, compare the relevant product details, such as lot numbers and date codes, and follow the instructions provided. The absence of a recall alert does not mean that an item is free from recalls or safe to consume.

‍Accuracy. Julia can make mistakes. AI-generated suggestions may be incomplete, outdated, or inaccurate. You're responsible for verifying any guidance, especially anything related to food safety, before you rely on it.

Learning and Memory. Julia learns from your interactions with the Service to personalize suggestions over time, based on the personalization and data-sharing controls you've set.

‍Third-Party AI Providers. Julia's responses may be generated using AI models operated by third-party providers. Your prompts and related data may be processed by these providers in accordance with our Privacy Policy.

What You Own. You retain ownership of the recipes, photos, ratings, notes, and other content you submit to Kitchen Cloud ("User Content").

‍License You Grant Us. By submitting User Content, you grant Kitchen Cloud a worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, across any Kitchen Cloud edition and in our marketing and promotional materials, in any media now known or later developed. This license continues even if you stop using the Service, to the extent your content has been shared publicly, shared with other users, or incorporated into aggregated or de-identified data.

‍Private Content. Content you mark private is visible only to you and, if applicable, members of your household account. We do not use content you've marked private in marketing materials.

‍Your Responsibility. You're solely responsible for your User Content. You represent that you have the rights to submit it and that it doesn't infringe anyone else's rights or violate any law.

‍Removal. We may remove User Content that violates these Terms or that we determine, in our discretion, is harmful to the Service or other users.

Free and Paid Plans. Kitchen Cloud offers a free tier and one or more paid subscription tiers with additional features. Pricing and included features are listed in the app or on our website and may change with notice.

‍Billing. Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection) through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method on file for each billing cycle.

‍Auto-Renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You can cancel anytime in your account settings; cancellation takes effect at the end of the current billing period.

‍Refunds. Except where required by law, payments are non-refundable.

‍Price Changes. We'll give you advance notice of any price increase before it applies to your next renewal.

‍Taxes. Prices may not include applicable taxes, which will be added at checkout where required.

The Service may connect to third-party services, including payment processing (Stripe), AI providers, grocery retailer APIs, calendar applications, health and fitness apps, and smart home or kitchen devices. Your use of these integrations is subject to the third party's own terms and privacy practices. Kitchen Cloud isn't responsible for the availability or conduct of third-party services, and connecting them is your choice.

You agree to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Upload content that is false, defamatory, obscene, or infringes another person's rights
• Attempt to reverse engineer, scrape, or extract data from the Service outside of the export tools we provide
• Interfere with or disrupt the Service, including through malware, excessive automated requests, or attempts to bypass rate limits or security controls
• Impersonate another person or misrepresent your affiliation with anyone
• Use the Service to build a competing product
• Resell or commercially exploit the Service without our written permission

We may suspend or terminate accounts that violate this section.

The Service, including its software, design, Julia's underlying models and algorithms, food freshness scoring systems, smart label technology, and all Kitchen Cloud trademarks and branding, is owned by Kitchen Cloud, Inc. or its licensors, as applicable, and is protected by intellectual property laws. Except for the rights we've expressly granted you to use the Service, we reserve all rights.

You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract the source code of our software, unless permitted by law or with our written consent.

Our collection and use of your information is described in our Privacy Policy. By using the Service, you consent to the practices described there.

The Privacy Policy explains how we collect, use, and protect your personal information when you use the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING JULIA’S RECOMMENDATIONS, FOOD FRESHNESS OR EXPIRATION ESTIMATES, AND RECALL INFORMATION, WILL BE ACCURATE, COMPLETE, OR CURRENT. FRESHNESS ESTIMATES AND THE PRESENCE OR ABSENCE OF RECALL ALERTS DO NOT GUARANTEE THAT FOOD IS SAFE TO CONSUME. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN JUDGMENTS ABOUT FOOD SAFETY AND VERIFYING APPLICABLE RECALL INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITCHEN CLOUD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100.

Some jurisdictions don't allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold Kitchen Cloud harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

You may stop using the Service and delete your account at any time in account settings. We may suspend or terminate your access if you violate these Terms, if we discontinue the Service, or as required by law. Upon termination, your right to use the Service ends immediately, though provisions of these Terms that by their nature should survive (ownership, disclaimers, limitation of liability, dispute resolution) will continue to apply.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

We may update these Terms from time to time. If we make material changes, we'll notify you through the app or by email before the changes take effect. Continuing to use the Service after changes take effect means you accept the updated Terms.

Entire Agreement. These Terms, together with our Privacy Policy and any edition-specific terms, are the entire agreement between you and Kitchen Cloud regarding the Service.

‍Severability. If any provision of these Terms is found unenforceable, the rest of the Terms remain in effect.

‍No Waiver. Our failure to enforce a provision isn't a waiver of our right to do so later.

‍Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

‍Contact. Questions about these Terms can be sent to support@kitchencloud.ai.