Terms of Service

1. Scope and Contracting Party

These Terms of Service ("Terms") govern your use of the "KitchenPilot" mobile application ("App") and the associated website kitchenpilot.net ("Website") in their current form.

The provider and contracting party is:

Fabian Will / Will Software Solutions
Aubachstraße 11
56410 Montabaur
Germany

Email: Show email

Deviating or supplementary terms of the user shall not become part of the contract unless the provider expressly agrees to their application.

2. Subject of the Contract and Description of Services

KitchenPilot is a digital service for managing kitchens, pantries, shopping lists, and recipes. In particular, the App provides the following features:

• Recording and managing pantry items, including via photo and barcode scan
• AI-based food recognition from images
• AI-based generation of recipe suggestions based on available pantry items and preferences
• Management of shopping lists
• Reminders for expiring pantry items (push notifications)

The specific scope of functions is determined by the current version of the App and the description in the app stores. The provider is entitled to further develop the App and to change, add to, or discontinue individual features, provided this is reasonable for the user taking their interests into account.

Use of the App generally requires the conclusion of a paid subscription (see Section 6). If offered, the subscription may begin with a free trial period for new users; there is no entitlement to a free trial.

3. Eligibility

Use of the App requires that the user has reached the age of 16. Minors between 16 and 18 years of age additionally require the consent of their legal guardians to enter into a paid subscription.

Use requires a compatible device, a current operating system (iOS or Android in the version supported by the provider) and an internet connection. The user bears the associated costs.

4. Registration and Conclusion of Contract

Use of the App requires the creation of a user account. Registration is free of charge and is carried out by providing a valid email address and password or via a supported social login provider (Apple, Google).

By submitting the registration, the user makes an offer to conclude a free framework agreement covering the administration of their user account. The framework agreement is concluded upon the provider's confirmation of registration. Productive use of the App's features additionally requires the conclusion of a paid subscription pursuant to Section 6; without an active subscription or an ongoing free trial period, the App's features are not available to the user. The user is obliged to keep their access data confidential and to protect it from access by third parties.

Only one account is permitted per person. The information provided upon registration must be truthful and complete.

5. Right of Use and License

For the duration of the contractual relationship, the provider grants the user a simple, non-exclusive, non-transferable and non-sublicensable right to use the App on their compatible devices for private, non-commercial purposes.

Any use beyond this, in particular the reproduction, modification, distribution, public communication as well as reverse engineering, decompiling or disassembling of the App, requires the prior written consent of the provider, unless mandatory statutory provisions (e.g. §§ 69d, 69e German Copyright Act) make such consent unnecessary.

6. Subscription, Prices and Payment

Use of the App is available exclusively as part of a paid subscription. The user can choose between different subscription models (e.g. monthly or yearly). The applicable prices, terms and feature scope are displayed prior to purchase in the App and in the respective app store.

Paid subscriptions are concluded exclusively via the respective app store (Apple App Store, Google Play Store) as an in-app purchase. The contracting party for payment processing is the respective app store operator. Their general terms and conditions apply additionally.

If offered, the subscription may begin with a free trial period for new users. There is no entitlement to a free trial; availability, duration and conditions of any trial period are governed by the offer shown in the respective app store and may be limited to new customers. Unless the subscription is cancelled via the app store settings at least 24 hours before the end of the trial, it will automatically convert into a paid subscription.

The subscription automatically renews for the selected term unless cancelled via the app store settings at least 24 hours before the end of the current period. Subscription management and cancellation take place exclusively via the account settings of the respective app store.

All prices are inclusive of statutory VAT.

7. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal for distance contracts, as set out below.

Early expiration of the right of withdrawal: The right of withdrawal expires for a contract for the supply of digital content not delivered on a tangible medium if the provider has begun performance of the contract after the consumer (1) has expressly consented to the provider beginning performance before the end of the withdrawal period, and (2) has confirmed their awareness that, by giving such consent, they lose their right of withdrawal upon commencement of performance (§ 356(5) German Civil Code).

For a paid subscription with a preceding free trial, no costs are incurred during the trial. Refunds of amounts already paid are subject to the terms of the respective app store.

8. User Obligations and Prohibited Use

The user is obliged not to misuse the App. In particular, the following is prohibited:

• to upload or generate unlawful, offensive, discriminatory, violence-glorifying, pornographic, youth-endangering content or content infringing the personal rights of third parties
• to upload content for which the user does not hold sufficient rights (in particular copyright, trademark or personality rights of third parties)
• to disrupt or manipulate the App or its underlying systems, or to use automated means (bots, scrapers) in a manner that exceeds intended use
• to use AI features to generate harmful, misleading or health-endangering content
• to circumvent security measures or gain unauthorized access to third-party accounts
• to create multiple accounts to circumvent limits or to use free trial periods multiple times

The user shall indemnify the provider against all claims of third parties asserted against the provider due to a culpable breach of these obligations, including reasonable costs of legal defense.

9. User-Generated Content and Content Moderation

The user retains all rights to content they create or upload (e.g. photos, texts, recipes). However, they grant the provider a simple right, limited in space and time to the duration of the contract, to store and process this content for the purpose of providing the contractually agreed services, to share it with data processors (in particular AI providers), and to display it to the user within the App.

The provider employs automated and, where appropriate, manual content moderation procedures to detect content that is unlawful or violates these Terms. In case of reasonable suspicion of a violation, the provider is entitled to remove affected content, restrict access, or temporarily or permanently suspend the account. The provider's rights under Section 13 remain unaffected.

Users can report content suspected of being unlawful via the reporting channels provided in the App or by email to hello@kitchenpilot.net. Reports are reviewed promptly.

10. AI-Generated Content and Disclaimer

KitchenPilot uses artificial intelligence to recognize food from images and to generate recipe suggestions and similar content. This content is generated automatically on the basis of statistical models and may contain errors, inaccuracies or omissions.

AI-generated content does not constitute nutritional, health or medical advice. In particular, it does not replace the expert assessment of doctors, nutritionists or other qualified professionals. In case of allergies, intolerances, pregnancy, pre-existing conditions or special dietary needs, the user is required to check ingredients, quantities and preparation for suitability on their own responsibility.

The provider makes no warranty as to the accuracy, completeness or suitability of AI-generated content for any particular purpose. Liability for damages resulting from reliance on AI-generated content is excluded in accordance with Section 12.

11. Availability

The provider strives to ensure the App is available without interruption as far as possible but does not owe any particular level of availability. Restrictions or interruptions may occur due to maintenance, technical faults, force majeure, or third-party providers (e.g. AI providers, cloud hosting). Maintenance work is scheduled, where possible, during off-peak hours.

12. Warranty and Liability

The statutory provisions on update and supply obligations for digital products (§§ 327 et seq. German Civil Code) apply. Defects can be reported to the provider by email to hello@kitchenpilot.net.

The provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health. Otherwise, the provider is only liable insofar as a material contractual obligation (cardinal obligation) has been breached, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the user may regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract.

Any further liability – in particular for slight negligence in the breach of non-material contractual obligations as well as for indirect damages, lost profits or data loss, insofar as such loss is not based on a breach of material contractual obligations – is excluded. Liability under the German Product Liability Act remains unaffected.

The user is obliged to make regular backups of their data within reason.

13. Term, Termination and Suspension

The free framework agreement covering the user account is concluded for an indefinite period. The user may terminate this agreement at any time by deleting their account in the App. After a 30-day grace period, all data is permanently deleted; the user can cancel the deletion at any time before the end of the grace period. Termination of an existing paid subscription remains unaffected and is carried out separately via the respective app store.

Paid subscriptions are cancelled via the respective app store; the app store's terms apply in this regard.

The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for extraordinary termination by the provider exists in particular in the event of serious or repeated breaches of Section 8.

In the event of a breach of these Terms, the provider is entitled, taking the user's interests into account, to remove content, restrict the use of individual features or temporarily suspend the account. The user shall be heard beforehand, to the extent this is possible and reasonable.

14. Changes to these Terms

The provider is entitled to amend these Terms with effect for the future where this is necessary for a valid reason, in particular due to changes in the legal situation, supreme court case law, technical changes, new features or to fill regulatory gaps, and where this does not unreasonably disadvantage the user. Changes will be communicated to the user in an appropriate form (e.g. by email or notice in the App) at least 30 days before they take effect. If the user does not object to the changes within 30 days of receipt of the notice, they shall be deemed accepted; this legal consequence will be specifically pointed out in the notice. In the event of an objection, the provider shall have a special right of termination.

15. Data Protection

Information on the processing of personal data can be found in our Privacy Policy.

16. Final Provisions

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the user has their habitual residence remain unaffected.

The place of performance and – to the extent permitted by law – the place of jurisdiction for all disputes arising from or in connection with this contract is Montabaur, Germany, provided the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid provision.

The European Commission provides an Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

17. Contact

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