Terms of Service

1. Operator Identity

CuocoMitra is an AI-powered kitchen assistant operated by:

CuocoMitra
Sole proprietorship registered in the Netherlands
KvK (Chamber of Commerce) number: [to be assigned upon registration]
VAT identification number: [to be assigned if applicable]
Email: legal@cuocomitra.com

References to "CuocoMitra", "we", "us", or "our" in these Terms refer to the operator identified above.

2. Definitions

• "Service" - the CuocoMitra AI-powered kitchen assistant, including our website (cuocomitra.com), our iOS and Android mobile applications, our APIs, and all related features and content.
• "Terms" - these Terms of Service, as amended from time to time.
• "User" / "you" - any natural or legal person who accesses or uses the Service.
• "Consumer" - a natural person acting for purposes outside their trade, business, craft, or profession, as defined in EU Directive 2011/83/EU.
• "Business User" - a User acting for purposes relating to their trade, business, craft, or profession, including chefs, food creators, and commercial partners.
• "User Content" - any text, images, recipes, reviews, or other material you submit, post, or transmit through the Service.
• "AI Content" - any content generated or suggested by our AI systems, including recipes, nutritional estimates, meal plans, ingredient substitutions, and chat responses.
• "Plan" - a free or paid subscription tier providing access to specific features, AI credit allowances, and usage limits.
• "AI Credits" - the usage units consumed when you interact with AI-powered features of the Service.
• "Privacy Policy" - our separate privacy policy available at /privacy-policy, which forms part of these Terms.
• "Plan-Specific Terms" - any additional terms, pricing pages, or feature descriptions associated with a particular Plan.

3. Acceptance & Scope

By creating an account, accessing, or using the Service you agree to be bound by these Terms, the Privacy Policy, and any applicable Plan-Specific Terms (collectively, the "Agreement"). If you do not agree, you must not access or use the Service.

In the event of conflict, the order of precedence is: (1) Plan-Specific Terms, (2) these Terms, (3) the Privacy Policy - except that mandatory consumer rights under applicable EU or Dutch law always prevail.

4. Eligibility & Age

You must be at least 16 years of age to use the Service (in accordance with Dutch law). If you are between 16 and 18, you represent that your parent or legal guardian has reviewed and consented to these Terms on your behalf.

We do not knowingly collect personal information from anyone under 16. If we learn that a child under 16 has provided personal data, we will take steps to delete that information promptly.

5. Consumer & Business Users

These Terms apply to all Users. Where a provision applies only to Consumers or only to Business Users, this is stated expressly. Nothing in these Terms restricts or excludes any mandatory rights that Consumers have under EU or Dutch consumer protection law.

Business Users acknowledge that the indemnification, liability caps, and disclaimer provisions in these Terms apply to the fullest extent permitted by law without the additional consumer protections described herein.

5a. Mobile Application Terms

Our mobile app is distributed through the Apple App Store and Google Play. Your use of the app is also subject to the rules of the relevant store. If a store rule conflicts with these Terms in a way that materially restricts your use, the store rule prevails for that aspect.

Apple App Store users: Apple Inc. is not a party to this Agreement and is not responsible for the app or any claims relating to it (including product liability, consumer protection, or IP claims). Apple is a third-party beneficiary entitled to enforce the parts of this Agreement that apply to you as an end user.

The app may request device permissions (camera for ingredient/recipe scanning, photo library for image uploads, notifications for cooking timers and reminders, network access). You may grant or revoke these in your device settings; some features will be unavailable without the corresponding permission.

In-app purchases: Paid Plans purchased in the mobile app are billed by Apple or Google. Subscriptions auto-renew at the end of each billing cycle unless you cancel at least 24 hours before renewal through your platform account settings. Refunds, billing disputes, family sharing, and subscription management for in-app purchases are handled by Apple or Google under their policies.

You are responsible for any data, carrier, or roaming charges incurred while using the app, and for keeping your device and operating system reasonably up to date.

6. Account Registration

To use certain features you must create an account. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You are responsible for safeguarding your password and for all activities under your account. You must notify us immediately of any unauthorised use at legal@cuocomitra.com.

One person may hold only one account. We may refuse or revoke registration if information is inaccurate or if maintaining the account would violate these Terms or applicable law.

7. Plans, Billing & Payments

7.1 Free & Paid Plans

The Service offers a free tier and one or more paid subscription Plans. Features, AI Credit allowances, and usage limits for each Plan are described on our pricing page and in the applicable Plan-Specific Terms. We may change available Plans from time to time.

7.2 Billing Cycle & Charges

Paid Plans are billed in advance on a recurring basis (monthly or annually, depending on the Plan you select). Your billing cycle begins on the date you first subscribe or convert from a trial. All prices are in euros and include VAT where applicable unless otherwise stated. We use third-party payment processors; by subscribing you also agree to their terms.

7.3 Auto-Renewal

Paid Plans renew automatically at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your Plan at each renewal.

7.4 Free Trials

If we offer a free trial, you will not be charged until the trial period ends. If you do not cancel before the trial expires, your Plan will automatically convert to a paid subscription at the published rate for that Plan.

7.5 Price Changes

We may change subscription prices. For existing paid subscribers, price changes take effect only at the start of the next billing cycle following at least 30 days' written notice (email or in-app notification). If you do not agree to the new price, you may cancel before the renewal date and continue using the Service until the end of your current paid period.

7.6 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment remains unsuccessful after reasonable retry attempts, we may downgrade your account to the free tier or suspend paid features. We will notify you before any downgrade or suspension takes effect.

7.7 Taxes

You are responsible for any applicable taxes (including VAT) imposed on your subscription payments, except for taxes on our income. Where required, VAT is included in the listed price for EU consumers.

7.8 Refunds

Paid subscriptions are generally non-refundable. However, if you are a Consumer in the EEA and you exercise your right of withdrawal within the applicable withdrawal period (see Section 17), you are entitled to a refund as described in that section. In addition, nothing in these Terms limits your rights to remedies under the EU Digital Content / Digital Services Directive (see Section 18).

7.9 Downgrades & AI Credits

If you cancel or downgrade your Plan, you retain access to paid features until the end of your current billing period. After that, your account reverts to the free tier. Unused AI Credits do not carry over between billing cycles and are not refundable or transferable, unless stated otherwise in Plan-Specific Terms.

8. Cancellation

You may cancel your paid Plan at any time through your account settings or by contacting legal@cuocomitra.com. Cancellation takes effect at the end of your current billing period - you will not be charged for subsequent periods, and you retain access to paid features until the period you have already paid for expires. No partial-period refunds are issued for early cancellation, except where required by applicable consumer protection law.

9. User Content

9.1 Ownership

You retain all intellectual property rights in your User Content. You are solely responsible for the legality, accuracy, and appropriateness of everything you submit.

9.2 License Grant

By posting User Content you grant CuocoMitra a worldwide, non-exclusive, royalty-free, sub-licensable license to use, reproduce, modify, adapt, and display that content solely for the purposes of:

• Operating, providing, and improving the Service
• Personalising your experience (e.g., recommending similar recipes)
• Ensuring security, enforcing these Terms, and complying with legal obligations
• Promoting the Service (e.g., showcasing popular recipes), with attribution where practicable

We do not use your User Content to train third-party AI models. If this changes in the future, we will seek your explicit opt-in consent beforehand.

This license survives account deletion only to the extent necessary to complete pending operations (e.g., cached content in other users' views). You may request deletion of your User Content at any time; see Section 22 (Account Closure & Data Export).

9.3 Content Rules & Enforcement

You agree not to post User Content that is illegal, infringing, defamatory, obscene, threatening, or that promotes discrimination, violence, or illegal activities. You must not post content that is intentionally misleading or dangerous (e.g., recipes with unsafe ingredient combinations).

We may, but are not obligated to, review User Content. We reserve the right to remove, restrict, or disable access to any User Content and to suspend or terminate accounts that violate these content rules. Where we restrict content or accounts, we will notify you of the restriction, provide reasons, and offer an opportunity to appeal, except where prohibited by law or where notification could compromise safety or an investigation.

Repeated or severe violations may result in permanent account suspension. We maintain internal records of content-policy enforcement actions.

10. AI-Generated Content & Limitations

The Service makes extensive use of artificial intelligence ("AI") technologies, including large language models, to generate recipes, cooking advice, nutritional estimates, meal plans, ingredient substitutions, and other content. Some features may be labelled "beta" or "experimental", indicating they are under active development and may be less reliable.

AI systems can and do make mistakes. All AI Content is provided for informational and educational purposes only and without warranties of any kind. You expressly acknowledge and agree that:

• AI Content - including recipes, nutritional data, ingredient suggestions, substitutions, and meal plans - may be incomplete, inaccurate, unsafe, or unsuitable for you
• You must independently review every AI-generated recipe, ingredient, and substitution for allergens, intolerances, cultural / religious / dietary restrictions, and safety before preparation or consumption
• You are solely responsible for verifying ingredients for potential allergens, dietary conflicts, or safety concerns
• You should use your own judgment regarding cooking times, internal temperatures, techniques, portion sizes, storage, and food handling - the Service does not supervise your kitchen
• AI-generated nutritional estimates are approximations and must not be relied upon for medical, clinical, or therapeutic dietary decisions
• Some AI features may be labelled "beta" or "experimental"; these are early- stage and may produce lower-quality results

11. Food-Safety Notice

Cooking involves inherent risks. The Service does not replace your personal responsibility for food safety. You should always:

• Cook meats, poultry, seafood, and eggs to safe internal temperatures as recommended by your national food-safety authority
• Store perishable ingredients at proper temperatures and observe expiration dates
• Be aware of cross-contamination risks, especially when handling raw proteins
• Verify that ingredient substitutions suggested by the AI are safe for your specific allergies, intolerances, or dietary restrictions
• Exercise caution with recipes involving raw or undercooked ingredients, fermentation, canning, or alcohol
• Check food spoilage indicators before using any ingredient, regardless of what the Service suggests

CuocoMitra is not responsible for any foodborne illness, allergic reaction, injury, or adverse outcome resulting from the preparation or consumption of any recipe or food item based on information from the Service.

12. Not a Medical or Health Service

CuocoMitra is not a medical application and does not provide medical advice, diagnosis, or treatment. Nutritional information, dietary suggestions, macro calculations, and meal plans provided through the Service are for informational and educational purposes only. They are not intended to treat, cure, prevent, or diagnose any disease or condition.

Do not use the Service as a substitute for professional medical advice, nutritional counselling, or dietary guidance from a qualified healthcare provider. If you have medical conditions, food allergies, eating disorders, or other health concerns, always consult a qualified medical professional before making dietary changes based on information from the Service.

13. Nutritional Data & Third-Party Data Sources

Nutritional information displayed in the Service is primarily sourced from the USDA FoodData Central database, supplemented by data from Open Food Facts (an open, collaborative food products database) and various branded food label research. We also use AI-powered matching and estimation to map recipe ingredients to nutritional data.

You acknowledge that:

• Nutritional values are estimates and may differ from actual values depending on ingredient brands, preparation methods, and portion sizes
• Third-party data sources may contain inaccuracies or outdated information that we cannot fully control
• AI-assisted ingredient-to-nutrient matching may produce imprecise results
• CuocoMitra does not guarantee the accuracy, completeness, or reliability of any nutritional data

14. Modification of the Service

Because the Service relies heavily on AI technologies, recipe databases, third-party integrations, and evolving nutritional data, we may modify, update, or discontinue features at any time. This includes changing AI providers, model behaviour, recipe databases, credit allowances, ranking algorithms, and available integrations.

For modifications that negatively and materially affect your access to or use of the Service:

• We will provide at least 30 days' advance notice via email or in-app notification, except where urgent security, legal, or safety reasons require immediate action
• If you are a Consumer and the modification materially reduces the value of your paid Plan, you may terminate your subscription free of charge within 30 days of the modification taking effect and receive a pro rata refund for any remaining prepaid period

Minor changes (bug fixes, UI improvements, incremental AI improvements) may be made without notice. This section does not limit your rights under the EU Digital Content / Digital Services Directive (see Section 18).

15. Service Availability

We aim to keep the Service available at all times, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control (see Section 26, Force Majeure). Certain features may be labelled "beta" or "experimental" - these are provided without any additional assurance of stability or continuity.

16. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Transmit harmful code or interfere with the operation of the Service
• Impersonate any person or entity
• Collect or store personal data about other users without their consent
• Harass, abuse, or harm another person
• Submit false or misleading information
• Post content that endangers health or promotes unsafe food practices
• Attempt to reverse-engineer, extract, or replicate the AI models or proprietary algorithms used by the Service
• Use the Service through automated means (scraping, bots) or to generate content for competing products or services
• Circumvent, disable, or interfere with security features, usage limits, or AI Credit enforcement

17. Right of Withdrawal (EEA Consumers)

If you are a Consumer in the European Economic Area (EEA), you have the right to withdraw from a distance contract within 14 days of its conclusion, without giving any reason.

How to withdraw: Send a clear, unambiguous statement (e.g., by email to legal@cuocomitra.com) before the withdrawal period expires. You may use the model withdrawal form in Annex I(B) of Directive 2011/83/EU, but it is not mandatory.

Digital services - express consent and loss of withdrawal right:

For paid Plans, by starting to use the Service immediately after subscribing, you expressly consent to the immediate performance of the digital service and acknowledge that you lose your right of withdrawal once the service has been fully performed within the 14-day withdrawal period. If the withdrawal period has not yet expired, you are entitled to a pro rata refund for the portion of the service not yet provided.

For free-tier accounts, no payment is involved and the right of withdrawal does not apply.

You also have access to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Consumer Remedies for Digital Services (EU)

If you are a Consumer in the EEA, the following applies in addition to your other rights under these Terms:

18.1 Conformity

We will supply the Service in conformity with the Agreement, including these Terms and the applicable Plan-Specific Terms. The Service will meet the objective requirements of quality, functionality, and interoperability that you can reasonably expect for a service of this type, taking into account its AI-powered nature and the fact that AI Content is inherently approximate.

18.2 Failure to Supply

If we fail to supply the Service (or a material feature of it), you may request supply. If we still fail to supply within a reasonable period, or if the failure is of such seriousness that it justifies immediate termination, you may terminate the contract and, for paid Plans, receive a pro rata refund.

18.3 Non-Conformity

If the Service does not conform to the Agreement, you are entitled to have the Service brought into conformity. If conformity cannot be achieved, or cannot be achieved within a reasonable time and without significant inconvenience to you, you may obtain a proportionate reduction in price, or terminate the contract and obtain a pro rata refund.

18.4 Scope

These remedies apply as set out in Directive (EU) 2019/770 (Digital Content / Digital Services Directive) as implemented in Dutch law. Nothing in these Terms limits or excludes these mandatory consumer rights.

19. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of CuocoMitra and its licensors. The Service is protected by copyright, trademark, and other laws of the Netherlands and international treaties. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

20. Intellectual Property Complaints & Takedown

We respect the intellectual property rights of others. If you believe that User Content on the Service infringes your copyright or other intellectual property rights, please send a notice to legal@cuocomitra.com including:

• Identification of the copyrighted work or IP right claimed to be infringed
• Identification of the material on our Service that you claim is infringing, with enough detail for us to locate it
• Your contact information (name, address, email, phone number)
• A statement that you have a good-faith belief that the use is not authorised by the rights holder, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorised to act on behalf of the rights holder

Upon receipt of a valid notice, we will investigate and, if appropriate, remove or disable access to the allegedly infringing content. The poster will be notified and given the opportunity to submit a counter-notice. Repeat infringers may have their accounts terminated.

21. Privacy, Cookies & Personalisation

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and protect your personal data, including your dietary preferences, allergen data, profile information, and AI interaction history.

The Service uses personalisation (e.g., recipe recommendations based on your diet profile, ingredient availability, and past interactions). This personalisation is based on data you provide and your usage of the Service, not on automated individual pricing. If we ever introduce personalised pricing, we will provide the specific disclosures required by EU law and seek separate consent.

We use cookies and similar technologies as described in our Privacy Policy. Non-essential cookies require your consent under applicable EU ePrivacy rules.

22. Account Closure & Data Export

You may close your account at any time through your account settings or by contacting legal@cuocomitra.com. Upon closure:

• If you have a paid Plan, cancellation and closure follow the rules in Sections 7 and 8
• Your User Content will be deleted within 30 days, except where we are legally required to retain it or where it has been shared with other users (e.g., published recipes) and removing it would adversely affect those users
• You may request an export of your personal data before closing your account, as described in our Privacy Policy (GDPR data portability right)
• Closure does not affect any rights or obligations that arose before the closure date

23. Termination by CuocoMitra

23.1 For Breach, Fraud, or Safety

We may immediately suspend or terminate your account if you materially breach these Terms, engage in fraud, or pose a risk to the safety of other users or the integrity of the Service. Where possible, we will provide notice and reasons for the action.

23.2 Discontinuation of Free Accounts

We may discontinue free-tier accounts that have been inactive for more than 12 consecutive months, with at least 30 days' notice before deletion.

23.3 Termination of Paid Plans

If we terminate your paid Plan for reasons other than your breach, you are entitled to a pro rata refund for any remaining prepaid period.

23.4 Effects of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including Sections on intellectual property, limitation of liability, indemnification, governing law, and dispute resolution.

24. Limitation of Liability

To the maximum extent permitted by applicable law:

• CuocoMitra, its operators, directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the greater of (a) the amounts you paid to CuocoMitra in the twelve (12) months preceding the claim, or (b) €100
• CuocoMitra shall not be liable for any harm, illness, allergic reaction, foodborne illness, or adverse health outcome resulting from reliance on AI Content, nutritional estimates, or recipe recommendations provided through the Service

Nothing in these Terms excludes or limits liability where it cannot be excluded or limited under applicable law, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded under mandatory Dutch or EU law, including mandatory Consumer rights under the Digital Content / Digital Services Directive.

25. Disclaimer

To the extent permitted by applicable law and subject to the mandatory Consumer rights in Section 18, the Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that AI features will be error-free, uninterrupted, or that results will be accurate or reliable.

For Consumers in the EEA, statutory warranty rights under the EU Digital Content / Digital Services Directive and applicable national implementing legislation apply and are not affected by this disclaimer.

26. Force Majeure

CuocoMitra shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet or infrastructure failures, cyberattacks, or disruptions to third-party AI services or data providers.

27. Indemnification

Business Users agree to indemnify, defend, and hold harmless CuocoMitra and its operators, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any User Content you submit.

This indemnification clause does not apply to Consumers, to the extent that applicable consumer protection law prohibits it.

28. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be submitted to the competent courts in the Netherlands.

Consumer exception: If you are a Consumer habitually resident in the EEA, you also benefit from any mandatory consumer-protection provisions of the law of your country of residence. Nothing in this clause deprives you of the right to bring proceedings in the courts of your country of residence, where such right is granted by applicable EU or national law.

29. Complaint Handling & Support

If you have a complaint about the Service, please contact us at legal@cuocomitra.com. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days. If you are not satisfied with our response, you may refer the matter to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr or seek redress through the competent courts.

30. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

31. Entire Agreement & Order of Precedence

The Agreement (these Terms + Privacy Policy + applicable Plan-Specific Terms) constitutes the entire agreement between you and CuocoMitra regarding the Service and supersedes all prior agreements, understandings, and communications, whether written or oral. In the event of conflict, the order of precedence set out in Section 3 applies.

32. Changes to Terms

We may amend these Terms from time to time. For material changes, we will provide at least 30 days' advance notice via email or in-app notification before the new Terms take effect. If you disagree with the amended Terms, you may terminate the Agreement before the changes take effect by closing your account (and for paid Plans, receive a pro rata refund for unused prepaid time). Continued use of the Service after the effective date constitutes acceptance.

Non-material changes (e.g., correcting typos, adding sections required by law) may take effect immediately upon posting.

33. Contact Us

If you have any questions about these Terms, please contact us at:

CuocoMitra
Registered in the Netherlands
KvK number: [to be assigned]
Email: legal@cuocomitra.com