Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Welcome to CookEase! These Terms of Service ("Terms") govern your access to and use of the CookEase web application, website, and related services (collectively, the "Service") operated by CookEase ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Service.

1. Acceptance of Terms

By creating an account or using the Service in any way, you affirm that you are at least 13 years old and competent to enter into these Terms, or, if you are under 18, you have obtained parental or guardian consent. You agree to comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Use of the Service constitutes your acceptance of these Terms.

2. Description of Service

CookEase provides a platform to help users import, manage, and organize recipes, create and manage shopping lists, and optionally facilitate grocery ordering through the Instacart API. The Service may offer both free and paid subscription tiers with varying features and limitations. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice.

3. Account Registration and Security

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and identification.
• Notify us immediately of any unauthorized use of your account.
• Accept all risks of unauthorized access to your account information.

You are responsible for all activities that occur under your account.

4. User-Generated Content

(a) Ownership: You retain ownership of the recipes, shopping lists, notes, and other content you create, upload, or import into the Service ("User Content").

(b) License Grant: By submitting User Content to the Service, you grant CookEase a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating, providing, developing, and improving the Service. This license allows us to, for example, store your recipes, format them for display, generate shopping lists based on them, and analyze usage patterns to improve features. This license continues even if you stop using our Services, primarily for backup and operational continuity, unless you explicitly delete your content or account (subject to our data retention policies).

(c) Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit and grant the license set forth herein.

5. Recipe Import

When using features to import recipes via URL or file upload:

• You are responsible for ensuring you have the right to import and use the content from the source. Respect copyright laws.
• CookEase does not guarantee the accuracy, completeness, or quality of imported recipe data. Data parsing may contain errors.
• You agree not to use the import feature to infringe on the intellectual property rights of others or to scrape websites in violation of their terms.

6. Instacart Integration

(a) The Service offers integration with Instacart to facilitate grocery ordering based on your shopping lists.

(b) When you use the Instacart integration, you will be redirected to Instacart's platform. Your interaction with Instacart, including placing orders, making payments, and receiving deliveries, is governed solely by Instacart's Terms of Service and Privacy Policy.

(c) Disclaimer: CookEase is not affiliated with, endorsed by, or responsible for Instacart or its services. We are not responsible for the accuracy of Instacart's product listings, pricing, availability, order fulfillment, delivery, payment processing, or data handling practices. Any issues or disputes related to orders placed via Instacart must be resolved directly with Instacart. We provide the integration solely as a convenience.

7. Paid Subscriptions

(a) Billing: If you purchase a paid subscription, you agree to pay the applicable fees as described on the Service. Payments are processed by our third-party payment processor (Stripe). You agree to their terms and conditions.

(b) Recurring Billing: Subscriptions may automatically renew for successive periods (e.g., monthly, annually) unless cancelled. You authorize us (through our payment processor) to charge your payment method for the renewal term.

(c) Price Changes: We reserve the right to change subscription fees. We will provide reasonable notice of any price changes before they take effect.

(d) Cancellations: You may cancel your subscription at any time through your account settings or by contacting us. Cancellations typically take effect at the end of the current billing period.

(e) Refunds: Subscription fees are generally non-refundable, except as required by law or at our sole discretion.

8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any laws.
• Violating or encouraging others to violate third-party rights, including intellectual property rights.
• Posting, uploading, or distributing any User Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
• Interfering with security-related features of the Service.
• Interfering with the operation of the Service, including uploading viruses or malicious code, or spamming.
• Attempting to access or search the Service through scraping, spidering, or other automated means without our express permission.
• Impersonating another person or entity.
• Selling or transferring your account access.

9. Community Features (If Applicable)

If community features (e.g., public recipe sharing, comments) are implemented:

• You are responsible for your interactions with other users.
• We reserve the right, but have no obligation, to monitor disputes between users or to moderate content.
• Content shared publicly may be visible to others. Exercise caution in sharing personal information.

10. Intellectual Property Rights

Excluding your User Content, the Service itself, including its "look and feel," source code, trademarks, logos, and all related content created by CookEase, are the exclusive property of CookEase and its licensors, protected by copyright, trademark, and other laws. You may not use CookEase's intellectual property without our prior written consent.

11. Termination

We may suspend or terminate your access to the Service at any time, for any reason, including for violation of these Terms, with or without notice. You may terminate your account at any time by contacting us at info@cookeaseapp.com or using account deletion features if available. Upon termination, your right to use the Service ceases, and relevant provisions of these Terms (including ownership, licenses, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COOKEEASE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING RECIPE INFORMATION OR SHOPPING LIST DATA. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOKEEASE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING INSTACART; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL COOKEEASE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO COOKEEASE FOR THE PAST SIX MONTHS OF THE SERVICE IN QUESTION.

14. Indemnification

You agree to defend, indemnify, and hold harmless CookEase, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property right or privacy right.

15. Governing Law and Dispute Resolution

(a) Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. (Note: Verify this State is correct for your business).

(b) Arbitration: READ THIS SECTION CAREFULLY AS IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COOKEEASE. For any dispute with CookEase, you agree to first contact us at info@cookeaseapp.com and attempt to resolve the dispute informally. In the unlikely event that CookEase has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York County, New York, unless you and CookEase agree otherwise. (Note: Verify this County and State are correct).Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Class Action/Jury Trial Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COOKEEASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(d) Exceptions: Nothing in this Section shall be deemed as preventing CookEase from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by other means (e.g., email). Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. You should review the Terms periodically.

17. Contact Information

If you have any questions about these Terms, please contact us at: info@cookeaseapp.com

18. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and CookEase regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You may not assign these Terms without our prior written consent, but we may assign them without restriction.

Last Updated: March 28, 2025