Terms of Service

Last updated: March 2026 - Version 1.0

These Terms of Service govern your use of the Smakwise mobile application (iOS and Android) and the website smakwise.app. The German version of these Terms of Service is legally binding.

§ 1 Scope

(1) These Terms of Service (hereinafter "Terms") govern the use of the mobile application "Smakwise" (hereinafter "App") and the associated website smakwise.app (hereinafter "Website"), provided by Ole ter Haseborg, sole proprietor, Germany (hereinafter "Provider", "we", "us").

(2) These Terms apply to registered users (with an account) as well as guests who use the App without registration (limited functionality). By using the App or Website, you accept these Terms.

(3) Conflicting or deviating terms of the user are not recognized unless the Provider expressly agrees to their validity in writing.

(4) The current version of the Terms at the time of use applies (see § 16 Changes to Terms).

§ 2 Subject Matter & Services

Smakwise provides the following services:

• AI-powered recipe generation based on user input (ingredients, dietary profile)
• AI-powered ingredient recognition via camera or photo gallery
• Recipe management (saving, favoriting, browsing)
• Cooking mode with step-by-step instructions
• Shopping list functionality
• Gamification system (XP, streaks, levels)
• Paid subscriptions with enhanced features (see § 5)

Availability: The Provider strives for high service availability but does not guarantee uninterrupted availability. Maintenance, technical disruptions, and force majeure events are excluded. There is no entitlement to specific response times or an uptime SLA.

Service changes: The Provider reserves the right to modify, expand, or restrict the scope of features. Significant restrictions for paying users will be announced at least 30 days in advance. In case of material deterioration, paying users have a special right of termination.

§ 3 Registration & Account

3.1 Formation of Contract

(1) The usage contract is formed upon registration (creation of an account). Registration constitutes the user's offer; confirmation by Smakwise (email verification) constitutes acceptance.

(2) Limited use of the App is also possible without registration (guest mode). By using the App in guest mode, the user accepts these Terms.

3.2 Registration Requirements

• Minimum age: 16 years (GDPR Art. 8 - Germany)
• Users must provide truthful information
• One account per person
• Users are responsible for the security of their login credentials

3.3 Guest Mode

Certain features are available without registration. Actions requiring registration (e.g., saving recipes, starting cooking mode, recipe generation, NLP input, photo recognition, shopping list, favorites) will prompt for registration. Guest data is not stored permanently.

§ 4 Free Usage (Free Tier)

Free usage includes the following monthly limits. Cooking mode access is unlimited with a technical fair-use cap of 999 sessions per month to prevent abuse.

§ 5 Subscriptions & Payments

5.1 Subscription Purchase

Subscriptions are purchased exclusively as in-app purchases through the Apple App Store or Google Play Store. The contractual partner for payment is Apple Inc. or Google LLC - not the Provider. The payment terms of the respective app store also apply.

5.2 Pricing & Features

All prices are final prices including VAT (where applicable).

Premium Subscription

Ultra Subscription

* Fair-use limit: Unlimited subscription features are technically capped at 999 uses per month to prevent abuse.

5.3 Price Changes

Price changes will be announced at least 30 days in advance. Existing subscriptions retain their price until the next renewal.

5.4 Automatic Renewal

Subscriptions renew automatically for the selected period (monthly or annual). Cancellation must be made at least 24 hours before the end of the current period. Cancellation is done through the respective app store (not through Smakwise).

§ 6 Free Trial

(1) A 7-day free trial is available for Premium and Ultra subscriptions (opt-in).

(2) After the trial period ends, the paid subscription begins automatically unless cancelled beforehand.

(3) Cancellation during the trial period is possible at any time - no charges will be incurred.

(4) The trial period is managed through the app store (Apple/Google).

§ 7 Right of Withdrawal

7.1 Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us - Ole ter Haseborg, c/o Postflex #9365, Emsdettener Str. 10, 48268 Greven, email: legal@smakwise.app - of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal. We shall use the same means of payment as you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.

7.2 Early Expiration of the Right of Withdrawal

The right of withdrawal expires for contracts for the supply of digital content not on a tangible medium if the trader has begun performance of the contract after the consumer has expressly consented that the trader begin performance before the expiry of the withdrawal period and has acknowledged that consent results in the loss of the right of withdrawal (§ 356(5) BGB).

7.3 Refunds via App Stores

For in-app purchases through the Apple App Store or Google Play Store: Refunds are handled by the respective app store. The Provider has no influence over the app store's refund decision. Please contact the Apple App Store or Google Play Store for refunds.

§ 8 Artificial Intelligence - Terms of Use

8.1 AI-Generated Content

Recipes, descriptions, nutritional estimates, images, and ingredient recognition results are generated by artificial intelligence. The Provider provides no guarantee of the accuracy, completeness, or suitability of this content. Errors may occur in particular regarding:

• Nutritional information (estimates, not exact calculations)
• Allergen information (AI may overlook allergens)
• Preparation times (may vary)
• Portion sizes and quantities
• Photo recognition results (AI may misidentify ingredients or fail to recognize items)

8.2 AI Providers and Data Processing

Your inputs are forwarded to third-party AI services. For details, please refer to our Privacy Policy. AI-generated content is not used for AI model training.

8.3 Rights to AI-Generated Content

(1) Users are granted a simple, non-exclusive right to use AI-generated recipes for personal purposes.

(2) There is no exclusive ownership of AI-generated content - other users may receive similar recipes.

(3) Commercial use of AI-generated recipes is not permitted without the Provider's written consent.

§ 9 Allergy & Health Disclaimer

(1) Smakwise assumes no liability for health damage resulting from the consumption of food prepared according to AI-generated recipes.

(2) Despite considering your dietary profile (allergies, intolerances), AI-generated recipes may contain allergens that were not correctly identified.

(3) Persons with severe food allergies (e.g., anaphylaxis) should independently and carefully verify all ingredients.

(4) The App does not replace professional medical or nutritional advice.

(5) Nutritional information is automatically generated and serves only as a rough guide.

§ 10 User Obligations & Prohibited Use

10.1 Permitted Use

Use of the App is exclusively permitted:

• For personal, non-commercial purposes
• Within the fair-use limits (rate limits)
• In accordance with Apple App Store / Google Play Store guidelines

10.2 Prohibited Use

The following actions are expressly prohibited:

• Automated access: Bots, scraping, automated bulk requests
• Reverse engineering: Decompilation, disassembly of the App or API
• Circumvention: Bypassing rate limits, subscription restrictions, or security mechanisms
• Abuse: Submitting illegal, offensive, or harmful content
• Account sharing: Sharing login credentials with third parties
• Resale: Reselling subscriptions or generated content
• Multiple accounts: Creating multiple accounts to circumvent limits

10.3 Consequences of Violation

In the event of a violation, the Provider may:

• Issue a warning for first-time or minor violations
• Temporarily suspend the account
• Permanently suspend the account for severe or repeated violations
• Terminate the usage contract without refund
• Take legal action in case of damages

§ 11 Limitation of Liability

11.1 Unlimited Liability

The Provider is liable without limitation for:

• Intent and gross negligence
• Injury to life, body, or health
• Mandatory statutory liability (e.g., under the Product Liability Act)
• Warranty commitments (if given)

11.2 Limited Liability

For slight negligence in breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable, contract-typical damage. Liability is capped at the subscription amount paid in the last 12 months or €50, whichever is higher.

11.3 Exclusion of Liability

Liability is excluded for:

• Slight negligence in breach of non-material obligations
• Indirect damage and lost profits
• Data loss, insofar as the user has failed to perform adequate data backups
• Actions of third parties (app store, AI providers, hosting providers)

11.4 Liability Exclusion for AI Content

No liability for the accuracy, completeness, or suitability of AI-generated recipe content. No liability for incorrect allergen detection - the user bears the responsibility to independently verify all ingredients. Nutritional information consists of estimates. The App does not provide medical or nutritional advice (see § 9).

11.5 Force Majeure

No liability for disruptions due to force majeure (natural disasters, pandemic, war, strikes), failure of third-party services (Supabase, Cloudflare, AI providers), or governmental orders or changes in legislation.

§ 12 Warranty (Digital Products)

12.1 Legal Requirements (§§ 327–327u BGB)

(1) Update obligation: The Provider maintains the App in a functional state and provides necessary updates (§ 327f BGB).

(2) Defect liability: Digital content must meet the agreed requirements (§ 327d BGB).

(3) Reversal of burden of proof: Within one year of provision, it is presumed that a defect already existed at the time of provision (§ 327k BGB).

(4) Limitation period: Warranty claims expire 2 years after provision.

12.2 Limitations

• AI-generated content does not constitute a guaranteed characteristic
• Occasional errors in AI output do not constitute a defect in the legal sense
• Availability interruptions caused by third-party providers do not constitute a defect
• Beta features (if labelled as such) are not covered by warranty

§ 13 Intellectual Property

13.1 Provider's Rights

The App design, source code, the "Smakwise" trademark, the logo, and the curated ingredient database are the property of the Provider and are protected by copyright and trademark law. Use of the trademark is only permitted with written consent.

13.2 User's Rights of Use

(1) The user is granted a simple, non-transferable, non-exclusive right to use the App for the duration of the usage contract.

(2) AI-generated recipes may be printed, saved, and shared for personal use. Commercial use is not permitted without authorization.

13.3 User Inputs

The user retains rights to their own inputs (free text, ingredient selections). The user grants the Provider a simple right of use to process the inputs, insofar as this is necessary for the provision of the service. User inputs are not used for AI training.

§ 14 Termination

14.1 Termination by the User

• Free Tier: At any time by deleting the account in the app settings
• Subscription: Cancellation through the Apple App Store or Google Play Store settings
• Cancellation must be made at least 24 hours before the end of the current billing period
• After cancellation, access continues until the end of the paid period
• Upon account deletion, all data is deleted within 30 days

14.2 Termination by the Provider

The Provider may terminate the usage contract in case of:

• Violation of these Terms
• Abuse of the platform
• Payment arrears (through the app store)

Termination is communicated via email to the registered address. In case of extraordinary termination, there is no entitlement to a refund.

14.3 Consequences of Termination

• Loss of access to Premium/Ultra features (downgrade to Free Tier)
• Saved data (recipes, profile) is retained upon subscription cancellation
• Upon account deletion: Complete data deletion (see Privacy Policy)
• Gamification progress (XP, levels, streaks) is lost upon account deletion

§ 15 Data Protection

For details on the processing of personal data, please refer to our Privacy Policy.

§ 16 Changes to Terms

16.1 Right to Amend

The Provider may amend these Terms if:

• Legal changes require it
• New features or services are added
• Clarifications are necessary

No changes to the user's disadvantage regarding material contractual elements (price, main service) without the user's consent.

16.2 Notification

Material changes will be announced at least 30 days before taking effect via in-app notification and/or email. The user must consent to the new Terms (in-app dialog). In case of objection, the user has a special right of termination.

§ 17 Dispute Resolution & Governing Law

17.1 Governing Law

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the user's country of residence remain unaffected (Art. 6(2) Rome I Regulation).

17.2 EU Online Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

17.3 Consumer Dispute Resolution (§ 36 VSBG)

We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

17.4 Jurisdiction

For consumers, jurisdiction is determined by the consumer's place of residence. No exclusive jurisdiction can be agreed upon vis-à-vis consumers within the EU.

17.5 Special Provisions for US Users

For users in the United States, German law also applies. There is no mandatory arbitration requirement. For information under the California Consumer Privacy Act (CCPA), please refer to our Privacy Policy.

§ 18 Apple & Google Supplementary Clauses

18.1 Apple App Store

The following provisions apply to users who obtain the App through the Apple App Store:

1. These Terms are between the user and Ole ter Haseborg (not Apple Inc.).
2. Apple is not responsible for the App or its content.
3. Apple has no maintenance or support obligations regarding the App.
4. In the event of a defect, the user may contact Apple for a refund (subject to Apple's applicable policies).
5. Apple is not responsible for third-party claims relating to intellectual property infringement by the App.
6. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against the user.
7. When using the App, the user must comply with the Apple Media Services Terms of Service.

18.2 Google Play Store

The following provisions apply to users who obtain the App through the Google Play Store:

1. These Terms are between the user and Ole ter Haseborg (not Google LLC).
2. The Google Play Terms of Service additionally apply.
3. Refunds are handled through Google Play.
4. Google is not a contractual party to these Terms.

§ 19 Severability

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

§ 20 Contact

For questions regarding these Terms, please contact:

Ole ter Haseborg
Email: info@smakwise.app

Full contact details can be found in our Imprint.

Appendix: Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)