Terms and Conditions

Disclaimer: This is a translation of the original German Terms and Conditions ("Allgemeine Geschäftsbedingungen"). This translation is provided for convenience only. In case of any discrepancies or conflicts, the German version, which can be found at https://www.mrcook.app/de/legal/terms, is legally binding.

Welcome to Mr. Cook!

These Terms and Conditions (T&Cs) govern the use of all Mr. Cook services provided by "Flowsen Software UG (haftungsbeschränkt)" (hereinafter referred to as "we" or "us"). These include:

the website at https://www.mrcook.app,
the web app, and
the mobile apps for iOS and Android.

By accessing or using these services, you agree to these Terms and Conditions in full. If you do not agree with the terms listed here, please cease using Mr. Cook immediately.

Cookies:

The website uses cookies to personalize your online experience. By continuing to access Mr. Cook, you consent to the use of cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. They contain a unique identifier and can only be read by the web server in the domain that issued the cookie to you.

We use cookies for various purposes, including for analysis and personalized marketing communications, with the aim of improving the user-friendliness of our website. You have the option to decline optional cookies. However, some cookies are essential for the proper and correct functioning of our website. Such technically necessary cookies must always be enabled and therefore do not require your consent. Please note that by accepting the necessary cookies, you also accept cookies from third parties if you use services provided by third parties on our website, such as an integrated video display window.

License:

Unless otherwise stated, we and/or our licensors own the intellectual property rights for all material on Mr. Cook. All intellectual property rights are reserved. You may view and/or print pages from Mr. Cook for your own personal use, subject to the restrictions set in these Terms and Conditions.

The following is prohibited:

Publishing material from Mr. Cook
Selling, renting, or sub-licensing material from Mr. Cook
Reproducing, duplicating, or copying material from Mr. Cook
Redistributing content from Mr. Cook

This agreement comes into effect on today's date.

User Account and Account Security

Your user account is intended exclusively for your personal, non-commercial use. You are responsible for maintaining the confidentiality of your login credentials (especially one-time codes via email and access data for social logins like Google and Apple) and must not disclose them to third parties. Each account is tied to a single individual and may not be used or shared by multiple people.

To share recipes and other content, the dedicated functions within the app must be used. Each person requires their own account to access shared content.

This applies in particular to paid subscriptions or upgrades ("Paid Services"). These are personal and non-transferable. Sharing an account to provide multiple users with access to paid features constitutes a breach of these Terms of Use and may result in the immediate suspension or termination of your account without a refund.

You are responsible for all activities that occur under your account. Please inform us immediately at [email protected]if you suspect any unauthorized use of your account.

Paid Services, Subscriptions, and Lifetime Upgrade

We offer paid upgrades, subscriptions, and one-time purchases (collectively, "Paid Services"). Payment is processed through the payment providers specified in the ordering process (e.g., Apple App Store, Google Play Store, Lemon Squeezy). The respective terms of these providers apply.

Subscriptions automatically renew for the respective contract period unless they are canceled. You can cancel your subscription at any time through the respective payment provider (Apple, Google, Lemon Squeezy). The cancellation must generally be made at least 24 hours before the end of the current billing period to prevent further charges. After cancellation, you will continue to have access to the paid features until the end of the paid period. A refund for periods already paid is excluded, unless required by law.

A "Lifetime" upgrade entitles you to use the existing and future paid features at the time of purchase for the entire lifespan of the Mr. Cook app. "Lifespan" refers to the period during which the app is operated and maintained by us. We reserve the right to discontinue the development, support, and operation of the app at our own discretion in the future. In such a case, there is no right to a (partial) refund of the purchase price for the Lifetime upgrade.

We strive to keep our services available at all times, but cannot guarantee uninterrupted or error-free availability. Temporary outages may occur, especially during maintenance, technical disruptions, or for reasons beyond our control.

User Content

In certain areas of this website, users have the opportunity to leave, upload, publish, or import content through features of our platform. This content is hereinafter referred to as "User Content" or simply "Content".

User Content includes all texts, images, videos, files, links, or other materials uploaded, published, or imported by users on our platform through features of our platform.

Liability Privilege as Host Provider

We are a provider of hosting services within the meaning of the Digital Services Act (DSA, Regulation (EU) 2022/2065) and the German Digital Services Act (DDG). As a host provider, we store User Content on behalf of our users without reviewing, filtering, editing, or selecting it before publication. We do not adopt User Content as our own.

According to Art. 6 DSA, we are not responsible for information stored by users, provided that we:

have no actual knowledge of the illegal activity or illegal content; or
upon obtaining such knowledge, act expeditiously to remove or disable access to the illegal content.

User Content solely reflects the personal opinion of the respective author and does not correspond to our views and beliefs, or those of our legal representatives and/or distribution partners. Except in cases of actual knowledge and failure to respond, we assume no liability for User Content or for any claims for damages and/or costs that may arise as a result of the appearance of such User Content on the website.

Reporting Illegal Content (Notice-and-Takedown)

Potentially illegal content can be reported via [email protected]. For us to process your report, it must contain at least the following information:

a sufficiently substantiated explanation of why the reported content is illegal;
a clear indication of the exact location of the content (e.g., URL or screenshot);
your name and contact details;
for copyright infringements: proof of your rights ownership or authorization.

Incomplete or obviously unfounded reports may be rejected by us. Upon receipt of a complete report, we will review the reported content and remove it immediately if we determine it to be illegal. The affected user will be informed about the removal and its reasons.

We reserve the right to review all User Content and to remove any that may be considered inappropriate, offensive, or in breach of the Terms and Conditions.

User Warranties and Obligations

You hereby warrant and agree that:

You have the necessary rights, licenses, and consents to upload or import content;
Your User Content does not infringe any intellectual property rights or other proprietary rights such as copyrights, patents, or trademarks of third parties;
Your Content does not contain any unlawful material that violates the personal rights or other rights of third parties;
Your User Content does not contain any offensive, defamatory, indecent, inappropriate, or otherwise unlawful material which constitutes an invasion of privacy;
Your User Content is not intended to solicit or promote business, custom, commercial activities, or unlawful acts;
You bear sole responsibility for the legality of your content and independently verify before uploading whether you are authorized to use it.

If you import content from other platforms or websites, you warrant that you have the permission of the rights holder and do not infringe any copyrights or trademark rights of third parties. Simply finding content on the internet does not grant the right to use it. The use of copyrighted content without permission is illegal even for private use.

You hereby grant us a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit your uploaded or imported content in any and all forms, formats, or media.

You are solely responsible for all content (such as recipes, images, comments) that you upload, import (e.g., via link, photo, or text), or create on Mr. Cook. We assume no liability for the accuracy, legality, or completeness of this User Content.

Indemnification and Damages

You indemnify us, our directors, employees, and affiliated companies from all claims, demands, lawsuits, damages, costs, and expenses (including reasonable attorney and court fees) arising from the provision, use, or publication of your uploaded or imported content. This applies in particular, but not exclusively, to claims arising from the infringement of copyrights, trademark rights, personal rights, or other proprietary rights of third parties.

This indemnification obligation also includes damages incurred by us through third-party claims, even if we removed the illegal content immediately upon becoming aware of it. The indemnification does not apply insofar as we are responsible for the violation ourselves.

Cooperation Obligation in Legal Disputes

Should we become involved in legal disputes or be held liable by third parties due to User Content, you agree to support us in our defense to the best of your ability. This includes, in particular, providing information, documents, and evidence regarding the legality of the affected content.

Disclosure of User Data

In case of substantiated indications of legal violations or upon request by courts, authorities, or rights holders, we are entitled to disclose your data stored with us (such as email address, IP address, time of upload) to the authorized party, insofar as this is legally permissible or required. We will inform you about this, provided we are legally permitted to do so.

No Proactive Monitoring Obligation

As the operator of the platform, we are not obligated under Art. 8 DSA to actively monitor the content provided by users for legal violations or to search for circumstances indicating illegal activities. However, we will investigate reports of illegal content and, upon confirmation of the violation, remove it in accordance with the "Sanctions for Violations" section.

Sanctions for Violations

Upon becoming aware of potentially illegal content, we will review it carefully. We strive to remove obviously illegal content, such as copyright infringements, immediately. For other reported content, we generally aim for removal within seven days after completing our review. These timeframes are to be understood as guidelines and are not legally binding, as the review period depends on the individual case.

Repeat Infringer Policy

We maintain a strict policy towards users who repeatedly violate copyrights or other proprietary rights of third parties:

First violation:Removal of the affected content and written warning via email.
Second violation:Removal of the content, renewed warning, and temporary restriction of the upload function for 30 days.
Third violation:Permanent suspension of the user account without entitlement to refund of any payments.

In cases of serious violations (e.g., commercial copyright infringement, intentional mass publication of third-party content), we reserve the right to proceed directly to permanent suspension without going through the intermediate steps.

General Violations of Terms of Use

In cases of repeated violations of our terms of use that do not necessarily constitute legal violations, we reserve the right to suspend or permanently delete the user account. As a rule, this occurs after a written warning with a notice period of 7 days. In serious cases or in cases of intent, the deletion may occur without prior notice.

Documentation

We document reported violations and measures taken for an appropriate period to ensure the implementation of this policy and to comply with our obligations under the Digital Services Act.

Reservation of Rights:

We reserve the right to request at any time and in our sole discretion that you remove all links or any particular link to our website. You agree to immediately comply with such a request and to remove all links to our website without delay. We also reserve the right to amend the Terms and Conditions and the linking policy at any time. By continuing to link to our website, you agree to the linking policy in these Terms and Conditions. By continuing to link to our website, you agree to be bound by and to comply with these linking terms.

Removal of Links from Our Website:

Please contact us at any time if you consider any link on our website or any linked website to be inappropriate for any reason. We will review requests for link removal, but we are not obligated to comply with them or to respond directly to requests.

We do not guarantee the completeness, accuracy, or timeliness of the information provided on this website. Likewise, we do not guarantee that the website will be available at all times or that it will function without errors. This applies in particular to damages arising directly or indirectly from User Content, to the extent that a limitation of liability is legally permissible.

Disclaimer:

To the extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer shall:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

For non-chargeable services, our liability is excluded, except in cases of intent or gross negligence. For paid services, we are liable according to the statutory provisions.

Termination and Account Deletion

You can delete your user account at any time in the app's settings. The deletion is final and removes all your content such as recipes, comments, and planning data. Deletion is only possible if there is no active subscription, no lifetime upgrade, and no active trial phase for your account. To delete your account, you must first cancel all active subscriptions with the respective payment provider.

Canceling a subscription or upgrade does not automatically lead to the deletion of your account. Your account and your free content will remain, only access to the paid features will be lost after the paid period expires.

Jurisdiction

These terms of use are governed by the law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from or in connection with these T&Cs is Hamburg.

Severability Clause

Should individual provisions of these General Terms and Conditions be or become ineffective or unenforceable, or become ineffective or unenforceable after the contract is concluded, the validity of the remaining provisions shall remain unaffected. In place of the ineffective or unenforceable provision, the effective and enforceable provision whose effects come closest to the objective of the ineffective provision shall apply. The same applies in the event of a regulatory gap.