General Terms and Conditions

Last Updated: 06.09.2025

1. Provider and Scope
These General Terms and Conditions (GTC) govern the use of the mobile application CookingBuddy AI (hereinafter "App") by GKM Interactive UG (haftungsbeschränkt), Wasserstr. 5, 37186 Moringen, Germany, represented by Davin Gindorf (hereinafter "we"/"us").
Contact: contact@gkminteractive.com (general), help@cookingbuddyai.app (support).

These GTC apply to all contracts and uses between us and the users of the App (hereinafter "User"). Consumers are natural persons who use the App predominantly for non-commercial purposes. Entrepreneurs are natural or legal persons or legal partnerships that use the App for commercial purposes.

Minimum Age: In the EEA/Switzerland/UK, use is intended for persons aged 16 and over; younger individuals require the consent of their legal guardians. The App is not specifically targeted at children.

The contract language is German. Any translations are for convenience only.

2. Description of Services
The App offers AI-powered features for recipe generation from text inputs and optional image uploads of food items, as well as community features (e.g., saving and sharing recipes). Images are used only for processing and are deleted immediately thereafter. The App is continuously evolving; we may add, change, or remove features, provided this is reasonable for users and does not significantly impair the main service.

Scope of Use: Use is permitted for private and business (B2B) purposes; special provisions for entrepreneurs can be found in § 16.

Notes on AI Content: Results are automatically generated suggestions. This is not nutritional, health, or allergy advice. Users are responsible for checking recipes for suitability, allergens, nutritional values, cooking times, and food safety on their own.

3. Registration, Account
A user account is required for use (e.g., via Apple/Google Sign-In). Users must secure their access credentials and inform us in case of suspected misuse. Only one account per person is permitted unless explicitly stated otherwise.

4. Subscriptions, Prices, and Billing via App Stores
4.1 Conclusion and Term. Paid subscriptions (e.g., Premium) are concluded, managed, and billed exclusively via the Apple App Store or the Google Play Store. The respective store's terms and conditions apply. Subscriptions renew automatically unless they are canceled in a timely manner in the respective store.

4.2 Management and Cancellation. Cancellations, plan changes, pauses, refunds, and invoices are handled exclusively through the app store used. Please use the features provided in the stores (Account Settings > Subscriptions). We have no access to payment methods, billing, or contract management of the stores.

4.3 Prices/Taxes. The prices displayed in the stores include the applicable taxes/fees. Price adjustments are communicated by the stores; continuing the subscription after a price change may require your consent in the store.

4.4 Trial Periods/Promotions. Where indicated, stores may offer trial periods or promotions. Their terms and any conversion into a paid subscription are specified in the store information.

4.5 Refunds. Refunds are governed by the refund/withdrawal policies of the respective store. There is no direct claim for a refund against us; any goodwill decisions are made by the stores.

5. Right of Withdrawal for Consumers
For subscriptions concluded via distance selling, a 14-day right of withdrawal generally applies. The exercise and processing of the withdrawal are handled exclusively through the respective app store (e.g., "Report a Problem"/"Request a Refund" or the store's withdrawal process).

Note on Digital Services: For the immediate performance of the digital service, the store may ask for your consent to begin performance and your acknowledgment of the loss of the right of withdrawal. Details can be found in the store's information.

A model withdrawal form (EU) can be found in Appendix 1 of these GTC.

6. Rights of Use for Content
6.1 User-Generated Content (UGC). You remain the author of your content (texts, recipes, images). You grant us a simple, worldwide, royalty-free, purpose-bound, and sublicensable license for the content you store, share, or publish in the App, to use this content for the operation and improvement of the App (including hosting, storage, reproduction, display, distribution within the App, format/technical adaptation, backup, moderation). This license ends when you delete the content or your account; this excludes mandatory legal retention, technical cache/backup copies for a reasonable transition period, and content that other users have already lawfully copied or shared.

6.2 AI Outputs. You are granted a simple right of use for AI-generated outputs (e.g., recipe texts) for private and business (B2B) use. No exclusivity; identical/similar outputs may be generated for other users. You are solely responsible for the legal review of the intended use (e.g., third-party trademark/copyright/personality rights, food safety, food and labeling law requirements for commercial use outside the App). We do not provide nutritional/health advice and do not warrant fitness for a particular purpose.

6.3 Granting of Rights by Stores/OS Functions. For features of the stores/OS (e.g., sharing, system backups), their terms and conditions apply.

7. Code of Conduct, Moderation
It is prohibited to distribute illegal, discriminatory, violence-glorifying, pornographic, youth-endangering, offensive, or third-party rights-infringing content via the App or to perform actions that impair the operation of the App (e.g., malware, scraping, reverse engineering outside of mandatory open-source licenses).
We may block/delete content, temporarily suspend, or terminate accounts if there are concrete indications of legal violations or significant breaches of contract. For obvious legal violations, we will inform you in advance, where reasonable; in urgent cases, measures may be taken without prior notice.

8. Availability, Support
We owe reasonable availability according to the state of the art. Maintenance, updates, disruptions, and limitations may occur. We provide support via email at help@cookingbuddyai.app (response within a reasonable time; no 24/7 SLA).

9. Liability
We are liable without limitation for intent and gross negligence, for damages arising from injury to life, body, or health, under the Product Liability Act, and in the case of an assumed guarantee.
In the case of a simple negligent breach of essential contractual obligations (cardinal duties), our liability is limited to the foreseeable, contract-typical damage. Otherwise, liability for simple negligence is excluded.
Liability privileges for third-party information under statutory provisions remain unaffected.

10. Indemnification for Infringements by Users
If users culpably violate the rights of third parties (e.g., through uploaded content), they shall indemnify us from justified third-party claims to a reasonable extent and bear the reasonable costs of legal defense – provided they are responsible for the infringement. We will inform them immediately and allow for a reasonable legal defense.

11. Term, Termination, Account Deletion
The user agreement is for an indefinite period and can be terminated by users at any time by deleting their account in the App (if available) or by sending an email to help@cookingbuddyai.app. Subscriptions are separate from this and must be canceled exclusively in the respective store. We may terminate the contract with a notice period of 30 days or without notice for good cause, especially in cases of serious or repeated violations.

12. Data Protection
Information on the processing of personal data, recipients, and your rights can be found in our Privacy Policy (linked in the App).

13. Changes to the GTC
We may amend these GTC for good reason (e.g., changes in law/functionality). We will notify you of material changes in the App at least 30 days in advance. If you do not object and continue to use the App after the notice period has expired, the changes are deemed approved; we will point this out in the notification. Consumers may terminate the App free of charge before the changes take effect (account deletion); active subscriptions must be terminated in the store. Changes affecting the main performance obligations will only be made if they are reasonable.

14. Dispute Resolution
The European Online Dispute Resolution (ODR) platform was discontinued as of July 20, 2025. Information on out-of-court dispute resolution and contact points can be found at the EU Commission and national consumer bodies. We are not obligated and not willing to participate in proceedings before a consumer arbitration board.

16. Special Provisions for Entrepreneurs (B2B)
Commercial Use: Entrepreneurs are permitted to use the App and the AI outputs for business purposes. Reselling the App itself or sub-licensing outside the App context is prohibited without our prior consent.
Own Responsibility/Compliance: Entrepreneurs ensure that they comply with all legal requirements for their purposes (especially food/labeling, competition, copyright, and trademark law). No advice is provided by us.
Set-off/Retention: For entrepreneurs, set-off is only permitted with undisputed or legally established claims; rights of retention exist only from the same contractual relationship.
Warranty/Liability: The provisions in § 9 apply. No assurance of quality, suitability, or fitness for a particular purpose is given; public statements do not constitute a guarantee.
Place of Jurisdiction: For merchants within the meaning of the German Commercial Code (HGB), legal entities under public law, or special funds under public law, Göttingen is the exclusive place of jurisdiction; we are also entitled to sue at the general place of jurisdiction.

17. Final Provisions
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory protective provisions of the state in which they have their habitual residence remain unaffected.
The place of jurisdiction is – where permissible – Göttingen; for consumers, the statutory place of jurisdiction applies.
Should individual provisions be invalid, the remainder of the contract shall remain effective.

Appendix 1 – Model Withdrawal Form (for consumers only)

(If you wish to withdraw from the contract, please fill out this form and send it via the respective app store or – where provided – to the store's support.)

— To
Apple App Store / Google Play Store (depending on the purchase channel)

— I/We hereby withdraw from the contract concluded by me/us for the purchase of the following subscription:
Ordered on / received on:
Name of the consumer(s):
Address of the consumer(s):
Order/Subscription ID (if available):
Date / Signature (only for notification on paper)

Note: The withdrawal is processed exclusively via the respective store. Any refunds are made exclusively by the store operator according to their terms.