By creating an account, downloading, installing or using the App, you confirm that you have read and understood these Terms and our Privacy Policy (https://academy.cookler.com/privacypolicy), which explains how we collect and use personal data, including the data sent to third-party AI services. These Terms form a legally binding agreement between you and Cookler SAS. If you use the App on behalf of a business or organisation, you confirm that you are authorised to accept these Terms on its behalf.

8. Intellectual property

8.1 Cookler's intellectual property 

The App, including its source code, design, layout, graphics, text, formulas, functionality and all related intellectual property, is owned by Cookler SAS and protected by copyright, trademark and other intellectual property laws and international treaties. The Cookler name, logo and related marks are trademarks of Cookler SAS. You may not use them without our prior written consent. Except for the licence in section 4, no right is granted to you.

8.2 You own your content

 You keep full ownership of everything you create, upload or store in the App, including recipes, notes, voice notes and audio recordings, photos, videos, invoice images and extracted data, purchase orders, transcriptions, profile information and generated documents and exports (for example Excel or PDF) (“Your Content”).

8.3 Licence

 you give us You give Cookler a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, process and display Your Content solely to provide the App to you. This includes:

• storing it with Google Firebase;
• indexing it with Algolia so you can search it;
• sending it from our servers to Google's Gemini AI models, through Google's Gemini API, when you use an AI feature and have given your permission (section 9);
• displaying it back to you in the App and calculating your food cost and margins;
• generating the recipes, purchase orders, documents and exports you request.

We do not publish Your Content or share it publicly, use it for advertising, sell or license it to third parties, or share it with other users or your suppliers. This licence ends when you delete the content or your account, subject to the retention periods in our Privacy Policy.

8.4 Feedback and suggestions

 If you send us feedback, suggestions or ideas for improving the App, you grant Cookler a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and incorporate them. Cookler has no obligation to implement or respond to them, and you are not entitled to compensation for suggestions we use.

9. AI features and third-party AI processing

• Some features use artificial intelligence provided by Google (Gemini models, through Google's paid Gemini API) to read invoices, transcribe voice notes, structure photos, videos and text, and generate recipes and documents. The content is sent from Cookler's servers to Google, which processes it to return the result and, under its terms for paid services, does not use it to train its models.
• Before any of your content is sent to Google for the first time, the App explains what will be sent and asks you to choose Allow or Later (Autoriser or Plus tard). Nothing is sent unless you choose Allow. You can withdraw your permission at any time in Profile > Privacy > AI processing; AI features will then be unavailable, while the other features remain available. Details are in section 3 of our Privacy Policy.
• AI output can be incomplete, inaccurate or wrong. Its quality depends on factors such as image or audio quality, handwriting, language, accents and technical or culinary jargon. You must review and verify AI-extracted and AI-generated information before you rely on it, and you can correct it in the App.

10. Invoice scanning

• Only scan invoices that you are entitled to use for your business.
• Invoices may contain personal data of other people, such as a supplier trading in their own name. You are responsible for having a lawful basis to process that data in the App, and for scanning only what is needed. Do not capture payment card numbers, bank details or other information that is not needed for the feature.
• Prices, quantities, units and taxes extracted from an invoice should be checked against the original. The price history and price change indicators are based only on the invoices you scan and may not reflect all of your suppliers' prices or market prices.

11. Food cost and margin figures

 Food cost, cost per portion, margin, margin history and margin erosion alerts are calculated by deterministic formulas from the data in your account (your recipes, quantities, yields, selling prices and the invoice data you have confirmed). Their accuracy depends on that data. These figures are management indicators to help you run your business. They are not accounting, tax, legal or financial advice, and you remain solely responsible for your pricing and business decisions.

12. Recipes and food safety

 Recipes created or generated in the App, including by AI, are provided for information. You are responsible for checking ingredients, quantities, cooking methods, hygiene, allergens and labelling, and for complying with the food safety and consumer information rules that apply to your business.

13. Acceptable use

13.1 Prohibited activities 

You agree not to use the App to:

• break the law: engage in any activity that violates local, national or international law;
• infringe rights: upload content that infringes intellectual property, privacy or other rights of third parties;
• share harmful content: upload, store or share content that is illegal, obscene, defamatory or threatening; hateful, racist or discriminatory; sexually explicit and involving minors; or that promotes violence, terrorism or illegal activities;
• misuse features: circumvent security measures, subscription rules, free trial limits or fair use limits;
• use automated access: use bots, scrapers or other automated tools to access the App;
• reverse engineer: decompile, disassemble or reverse engineer the App;
• interfere with the service: upload malware, disrupt, damage or impair the App or its servers, or attempt to access accounts, data or systems that are not yours;
• impersonate: impersonate another person, business or entity;
• share accounts: share your login details with others.

13.2 Consequences of a breach

 If you breach this section, Cookler may, depending on the seriousness of the breach: issue a warning; remove the content concerned; temporarily suspend your account; permanently close your account and your access to the App; report illegal activity to the authorities; and take legal action to recover damages.

14. Third-party services 

The App relies on third-party services. Your use of them is also subject to their own terms:

• Apple In-App Purchase (iOS): https://www.apple.com/legal/internet-services/itunes/
• Google Play Billing (Android): https://play.google.com/about/play-terms/
• Google Firebase (hosting, authentication, storage and performance monitoring): https://firebase.google.com/terms
• Google Gemini models via Google's Gemini API: https://ai.google.dev/gemini-api/terms
• Meta (Facebook Login): https://www.facebook.com/terms
• Algolia (search): https://www.algolia.com/policies/terms/
• Mixpanel (product analytics): https://mixpanel.com/legal/terms-of-use
• RevenueCat (subscription management): https://www.revenuecat.com/terms

Cookler is not responsible for the availability, performance or reliability of these services, for changes they make to their services or terms, or for disputes between you and them. Cookler remains responsible to you for its choice of providers and for the obligations described in our Privacy Policy.

15. Availability and changes to the App

15.1 Availability 

We work to provide continuous access to the App but do not guarantee uninterrupted availability (the App may be down for maintenance, updates or technical issues), error-free operation, or compatibility with every device and operating system version.

15.2 Maintenance and updates

• We may carry out scheduled or emergency maintenance at any time, and will try to notify you in advance of scheduled downtime.
• You may need to update the App to keep using it. Outdated versions may lose access to some features or to the service.

15.3 Changes to the service 

We may add, change or remove features, change subscription plans, prices or fair use limits (with advance notice as described in section 6.7), stop supporting older devices or operating systems, and suspend or discontinue the App or part of it. We will give reasonable notice of significant changes. If we remove a major paid feature or discontinue the App, you may cancel your subscription. Within the limits of the law, Cookler is not liable for such changes.

16. Ending your account

16.1 By you 

You can delete your account at any time in Profile > Delete Account or by writing to contact@cookler.com. When you delete your account:

• your access to the App ends immediately;
• your personal data is deleted within 30 days, subject to legal retention requirements, as described in the Privacy Policy;
• an active subscription or free trial is not cancelled automatically; you must cancel it in the App Store or Google Play, and no refund is given for the remaining period unless the law requires it;
• deletion is permanent and cannot be undone.

16.2 By Cookler 

We may suspend or close your account, with notice where reasonably possible and immediately in serious cases, if:

• you seriously or repeatedly breach these Terms or the acceptable use rules;
• you commit fraud or abuse payment disputes;
• you create several accounts to obtain repeated free trials or get around limits;
• your account has been inactive and unsubscribed for more than 12 months;
• the law or a legal process requires it; or
• continuing to provide the service would create a security or legal risk.

16.3 Effect of termination

• All licences granted to you under these Terms end and you must stop using the App.
• Cookler may delete your content and data, as described in the Privacy Policy.
• No refund is given except where required by law.
• Sections that by their nature should continue to apply (including sections 8.4, 17, 18, 19 and 20) survive.

17. Disclaimers

17.1 “As is” and “as available”

 To the extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, we do not guarantee that AI output, extracted invoice data, transcriptions, generated recipes, price indicators or margin figures will be accurate, complete or reliable, that the App will be uninterrupted, secure or error-free, or that data will never be lost, corrupted or accessed without authorisation.

17.2 AI-generated content

 You are solely responsible for reviewing AI-generated content before relying on it (section 9). To the extent permitted by law, Cookler is not liable for decisions made on the basis of AI-generated content that you did not verify.

17.3 Third-party services

 Cookler makes no warranty regarding the third-party services listed in section 14 and is not responsible for their performance or availability.

17.4 Your legal rights

 Some countries do not allow the exclusion of implied warranties. In those countries, the exclusions above may not apply to you, and they never limit your mandatory rights as a consumer.

18. Limitation of liability

18.1 Excluded damages 

To the extent permitted by law, Cookler and its officers, directors, employees, agents and affiliates are not liable for:

• indirect, incidental, special, consequential or punitive damages;
• loss of profit, revenue, data, business or opportunity;
• loss or corruption of content (notes, audio or video files, images, transcriptions);
• service interruptions or unavailability;
• errors, inaccuracies or omissions in AI transcriptions, AI-generated content or margin figures, which you must check before relying on them (sections 9 and 11);
• unauthorised access to your account resulting from your failure to keep your login details secure;
• acts or omissions of third-party services outside our control,

even if Cookler has been advised of the possibility of such damages.

18.2 Cap on liability

To the extent permitted by law, Cookler's total liability to you for all claims relating to the App or these Terms is limited to the greater of (a) the amounts you paid for the App in the 12 months before the claim and (b) one hundred euros (EUR 100).

18.3 Exceptions 

Some countries do not allow the exclusion or limitation of certain damages. In those countries, Cookler's liability is limited to the fullest extent permitted by law. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or any other liability that cannot be limited or excluded by law.

19. Indemnification

If you use the App as a business, you agree to indemnify, defend and hold harmless Cookler SAS and its officers, directors, employees, agents, affiliates and partners against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from your use or misuse of the App, your breach of these Terms or of the acceptable use rules, your violation of any law or of the rights of another person or entity, content you upload, store or share (including invoices containing third-party data), and disputes between you and other users or third parties. Cookler may take over the exclusive defence of any such matter, in which case you will cooperate with Cookler.

20. Governing law and disputes

20.1 Governing law 

These Terms are governed by French law, without regard to its conflict of law rules.

20.2 Amicable resolution

 Before starting legal proceedings, please contact us at contact@cookler.com with a detailed description of the dispute, and allow Cookler 30 days to investigate and respond, so that we can try to resolve it amicably.

20.3 Consumer mediation

If you are a consumer, you may also refer the dispute free of charge to a consumer mediator. The details of the mediator are available on request at contact@cookler.com.

20.4 Jurisdiction and consumer rights

Subject to the rights below, disputes are submitted to the competent courts of Paris, France. If you are a consumer residing in the European Union, the Middle East or another country with mandatory consumer protection laws, you may bring proceedings in your country of residence where local law allows it, nothing in these Terms affects your statutory rights as a consumer, and mandatory consumer protection laws prevail over any conflicting provision of these Terms.

21. Apple App Store terms (iOS users)

If you downloaded the App from the Apple App Store, the following terms, required by Apple, also apply and supplement the rest of these Terms.

21.1 Acknowledgement 

These Terms are concluded between you and Cookler SAS only, not with Apple Inc. Cookler, not Apple, is solely responsible for the App and its content. These Terms do not conflict with the Apple Media Services Terms and Conditions.

21.2 Scope of licence 

The licence in section 4 is limited to use of the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

21.3 Maintenance and support

 Cookler is solely responsible for providing maintenance and support for the App (contact support@cookler.com). Apple has no obligation whatsoever to furnish any maintenance or support services for the App.

21.4 Warranty 

Cookler, not Apple, is solely responsible for any product warranties, whether express or implied. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Cookler's sole responsibility.

21.5 Product claims 

Cookler, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including, where applicable, claims relating to the App's use of HealthKit, HomeKit or other Apple frameworks.

21.6 Intellectual property claims

If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, Cookler, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

21.7 Legal compliance

You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's List of Specially Designated Nationals and the U.S. Department of Commerce Denied Persons List or Entity List.

21.8 Third-party terms

 You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement, any applicable Apple agreements and policies, and the terms of any third-party service you use with the App (for example cloud storage or social media services). For example, if you use the App over a mobile data connection, you must not breach your mobile data agreement.

21.9 Third-party beneficiary

 Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary. 

21.10 Apple contact information

 For questions about the App Store or in-app purchases processed by Apple, contact Apple Support (https://support.apple.com/apps) or request a refund at https://reportaproblem.apple.com. For any other question or support request about the App, contact Cookler at support@cookler.com.

22. Regional terms

22.1 European Union users

• Under EU consumer law you generally have a 14-day right of withdrawal for online purchases. For a digital service that starts immediately, this right may end once you have expressly agreed to immediate access, as applied by Apple or Google. Withdrawals and refunds are processed through the store.
• The rules on distance contracts apply to purchases made through the App.
• VAT is charged at the rate applicable in your country.
• The mandatory consumer protection laws of your EU member state apply.

22.2 Middle East users

• Prices shown in local currency (for example SAR, AED or QAR) are set by the store and may vary with exchange rates.
• Local taxes and fees may apply as required by law.
• Refunds follow the rules of Apple or Google and the consumer protection laws that apply in your country.

22.3 Additional consumer rights

Nothing in these Terms limits the statutory rights you may have under mandatory local law, including rights to services of acceptable quality, to remedies for defective digital content or services, to protection against unfair contract terms, and to refunds or repairs where applicable.

23. Changes to these Terms

 We may update these Terms. When we do, we will change the effective date above and inform you in the App and, for material changes, by email to your registered address. For material changes, in particular to subscriptions or prices, we will give you at least 30 days' notice. If you do not agree, you can stop using the App, cancel your subscription and request the deletion of your account before the changes take effect. Otherwise, continued use of the App after that date means you accept the updated Terms.

24. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Cookler regarding the App and replace any prior agreement or understanding on this subject.
• Severability. If a provision is found invalid, illegal or unenforceable, it is limited or removed to the minimum extent necessary and the rest remains in full force.
• No waiver. Cookler's failure to enforce a right or provision does not waive it.
• Assignment. You may not assign or transfer these Terms or your account without Cookler's prior written consent. Cookler may transfer these Terms to an affiliate or successor, provided your rights are not reduced.
• Force majeure. Neither party is liable for a failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, or outages of third-party providers (Google, Apple, Firebase, etc.).
• Language. These Terms are written in English. Translations may be provided for convenience; if there is a conflict, the English version prevails, unless mandatory local law requires otherwise.
• Export compliance. You agree to comply with all applicable export and import laws and regulations when using the App.