Terms of Use for using the KptnCook App services of KptnCook GmbH

Valid from August 18th, 2021

1. Scope

(1.1) KptnCook GmbH, Mariendorfer Weg 64, 12051 Berlin, registered in the commercial register of the Charlottenburg local court with HRB 155002 B, (hereinafter “KptnCook GmbH”) offers a mobile app, namely the KptnCook App, which provides the users (hereinafter “user”) with information about the recipes provided, including grocery lists with product, packaging and sometimes price information as well as nutritional information and step-by-step cooking pictures. This use is the contractual object of these Terms of Use.

(1.2) These Terms of Use apply for each free use of the KptnCook App (“Freemium”). They apply also for any later extended free use of the KptnCook App by registration as well as any paid use of the KptnCook App by registration.

(1.3) All information that you provide when creating an account must be current and true. You may not pass on your password to any third party. You must make it inaccessible to unauthorized persons and communicate to us immediately in the form of text if it is lost or passed on. Further, you shall not pass on your password for iTunes to third parties, as you will be liable according to the legal regulations in case of misuse, e.g. for any unauthorized in-app purchases by third parties with your password and the claims resulting thereof.

(1.4) KptnCook GmbH reserves the right to amend these Terms of Use with effect for the future according to the following method: KptnCook GmbH will notify you in advance regarding the intended changes by email or other appropriate means of contractual amendment such as online procedure (e.g. through displays with the requirement of consent within the app) in particular, and inform you of your right to object within a period of one month. The changes shall then count as accepted if you do not object within one month of being notified.

2. Services, object and rights, advertising, conduct

(2.1) Basic services of KptnCook GmbH:

KptnCook GmbH provides you recipes, grocery lists and illustrated cooking instructions via the KptnCook App. Furthermore, KptnCook GmbH provides a separate personal area, where applicable, in which you can organize your collected recipes, share grocery lists with friends and plan your cooking activities with a weekly schedule.

The extent of recipes provided and the options for use depends on the type of account that you have chosen. An account-free usage (see 2.3), a free account (see 2.3), a trial subscription (see 3.2) and paid subscription (see 3.1) are available.

(2.2) Services of KptnCook GmbH Freemium (account-free usage):

The KptnCook App will be installed free of charge. The KptnCook App offers you recipes that you can choose and cook.

After installation of the app, free storage space for 25 recipes will be available in the favorites list that can be used to save the recipes from the KptnCook App.

(2.3) Additional services of KptnCook GmbH after registration of a free account:

After your registration, which is also free (free account), you can save as many KptnCook recipes in the KptnCook App as you want—this is only limited by the absolute number of recipes available on the KptnCook app.

You can also use other free functions of the KptnCook App, e.g. create your own folder for recipe collections or share your grocery list with friends. The creation of a free account does not oblige you to order a paid subscription.

(2.4) Additional services of KptnCook GmbH after registration of paid account:

To make use of the KptnCook App to its full extent, you must register with KptnCook GmbH via the KptnCook App. Persons who are 16 and older are entitled to register. If you are not 16 years old, the consent of your parents is required in accordance with Art. 8 Para. 1 Sentence 2 of GDPR. We are entitled to permit use of the services of KptnCook GmbH by means of the KptnCook App subject to an appropriate proof of your identity, your legal age or the consent of your legal representative. In particular, KptnCook GmbH may request appropriate proof at any time and may exclude you from using the KptnCook App temporarily or permanently.

(2.5) The registration for a KptnCook App paid account takes place by entering your first name, last name, email address and a password chosen by you. KptnCook GmbH decides about your application for a paid account at its discretion and sends to you a confirmation of registration by email upon acceptance. The confirmation contains a link with which you must confirm your email address. As an optional service, KptnCook GmbH may also give an option to integrate and enable registration via Facebook Connect, Google or Apple. In this case, KptnCook GmbH is free to send the acceptance even via the electronic communication means available on these platforms.

(2.6) As soon as unlimited storage space is made available to you after registration, you can use this storage space for all recipes from the KptnCook App. Recipes can be added to the favorites list and can again be deleted. In the latter case, you no longer have access to recipes that you have removed from the favorites list.

(2.7) KptnCook App is not an online shop. It dynamically links online shops of third parties and, if necessary, to the relevant third party offers of the particular recipe. All the information shown on the KptnCook App simply serves as non-binding suggestions for the purchase process in the relevant supermarkets and are not offers in the legal sense. Purchase contracts for the products shown cannot be concluded via the KptnCook App; if this is the case with the linked third-party website, KptnCook GmbH has no influence on it.

(2.8) KptnCook GmbH provides you with information and data via the KptnCook App that it has collected on its own or that third parties from the food trade have provided, to offer further information for grocery shopping. This data includes, e.g., product prices or packaging sizes. This data may be outdated or vary according to the location and region of the respective supermarket.

(2.9) KptnCook GmbH assumes no liability or guarantee that the products shown on the websites and third-party apps (especially supermarkets) linked with KptnCook App are available with the third parties and/or can be purchased on the terms specified by the third parties on the linked websites and apps. We agree and you acknowledge that KptnCook GmbH cannot co-determine the particular offers of the third party, especially of the supermarkets. The respective third party, who is the supplier of the product, has the sole responsibility for assortment and pricing. In case of a purchase intention, you are committed to check all the material information and its current validity for the conclusion of the contract and its relevance based on the information of the supermarket and to get in touch with the corresponding (purchase) offer with the respective third party (usually a seller, in particular the supermarket concerned) and if necessary, to conclude appropriate contracts. Moreover, KptnCook GmbH assumes no liability or guarantee for the correctness of the information and data reported on the websites and third-party apps linked with KptnCook App.

(2.10) The rights to the KptnCook App and the content shown in the app, in particular the recipes of KptnCook GmbH are and shall remain with KptnCook GmbH; if it concerns third-party rights (offers of the third party linked with the KptnCook App), then they remain with the respective third party. You will only get that right which is necessary for using the KptnCook App (in particular app access, cooking); this right has worldwide validity, is not assignable and cannot be sublicensed.

All property rights of KptnCook GmbH, especially our trade names (firms), logos, domain names and other special features of KptnCook GmbH remain the sole copyright of KptnCook GmbH. You are not granted any right to use the trademarks of KptnCook, our trade name, logos, domain names or other characteristics of the KptnCook-brand, whether for commercial or non-commercial purposes.

(2.11) KptnCook GmbH is allowed to display advertisements for you on KptnCook’s platforms.

(2.12) KptnCook GmbH may, at its own discretion, grant the opportunity to publish own comments and contributions to the KptnCook website. Any intentional or conscious use, which may likely cause harm to the interests of KptnCook GmbH or its public reputation, adversely affect the security of the IT system or contradicts applicable laws, is inadmissible. This applies in particular to:

  • Placing or dissemination of contents in violation of personal rights, copyrights or criminal (law) provisions;
  • Placing or dissemination of statements or images that are offensive, slanderous, anti-constitutional, racist, sexist, violent or pornographic and/or
  • Placing, linking or other introduction of malware (especially, virus programs).

3. Framework regulations for paid subscription and free trial subscription

(3.1) Conclusion of a paid subscription contract

More service packages will be offered to you after you register in the form of paid subscriptions (“subscription access”). These can be ordered for different, if necessary, even varying terms, as displayed to you in the order options.

The subscription access of KptnCook App is a fee-based subscription which allows you to access the additional contents and functions via the mobile applications of KptnCook GmbH. Access to the respective services applies as long as the subscription is valid.

You can conclude a contract for a paid subscription through an in-app purchase via our iOS or Android apps. Additionally, the contractual terms and conditions (especially for every individual booking step) displayed on Google or Apple are applicable for this purpose.

(3.2) Trial subscription/test phases/conversion to paid subscription

Occasionally, KptnCook GmbH invites especially new users to use the subscription access for testing purposes (so-called “trial subscription”) free of cost for a certain period (so-called “invitatio ad offerendum“). With your declaration of participation (in the participation form), you are providing an offer for this trial subscription. KptnCook GmbH decides at its absolute discretion whether, when and under what conditions you will get the trial subscription and be allowed to use it. In case of the existence of a good cause, KptnCook GmbH may discontinue or change such free trial subscriptions at any time without prior deadline or notification. The following rules particularly apply for the trial subscription:

(3.2.1) You can only participate in a trial subscription when you have provided your payment details in the app stores (e.g., Apple App Store or Google Play Store) at the time of registration. In this case, KptnCook GmbH requires your consent at the beginning of the trial subscription, so that your free access will be converted to a paid subscription (Clause 3.1) after the expiry of the trial subscription on the day following the end of the trial subscription. In this case, your subscription will be subsequently renewed on a recurring basis and can be cancelled until a day before the expiry of the respective subscription term (Clause 7).

(3.2.2) If you do not want the subscription access and the associated charges according to this Clause 3.2, you must cancel the subscription access provided to you as part of the trial subscription before the end of the trial. You can do this in the settings in the respective app store.

(3.2.3) Generally, we have no influence on refunds for subscriptions ordered as in-app purchases via the Apple App Store or Google Play Store and therefore cannot guarantee a refund within 14 days.

(3.3) In every case, subscription means that at the end of the respective subscription term, the relevant contract gets automatically extended to a further subscription term, insofar as you have not cancelled your paid subscription at least 24 hours before the end of the term (Clause 7).

4. Liability/Warranty and disclaimer of warranty

(4.1) From the license agreement with the KptnCook App, KptnCook GmbH is only liable for malicious intent and gross negligence, cases of injury to life, body or health as well as in the case of mandatory statutory regulations for itself and all legal representatives, executive employees and vicarious agents.

(4.2) The liability of KptnCook GmbH is excluded in all other cases.

(4.3) The duty to compensate is limited to the foreseeable damage in case of violation of cardinal duties or material contractual obligations.

(4.4) KptnCook GmbH provides the KptnCook App in its currently available form and with the currently available functions. There shall be no claim for the provision or maintenance of specific functions. No guarantee is given with regard to the availability of the system. It can be temporarily limited, either completely or partially, e.g. for specific functions (“limited availability”) due to maintenance work or other reasons.

(4.5) KptnCook GmbH is not liable for the completeness, correctness or availability of the data entered or provided by third parties.

(4.6) The object of the present contract for sale transactions is sold in the condition in which it was when the contract was concluded. All your rights for obvious or latent material defects are excluded. This also applies to all indemnity claims, except where KptnCook GmbH has acted intentionally. The statutory provisions apply for material defects that arise between the conclusion of the contract and transfer of risk.

5. Right of Cancellation

If you are a user (defined as a natural person, who concludes the legal transaction for purposes that can neither be mainly attributed to your commercial nor your independent professional activity), upon the conclusion of a distance sales contract, you will have a legal right of cancellation, about which KptnCook GmbH informs you in the following as per the stipulation of the legal specimen. Please note that if you have an in-app purchase, the right of cancellation of the respective app store, thus e.g. Apple App Store , Google Play Store entitled. A Specimen Cancellation Form is available in Clause 5.


- START OF CANCELLATION POLICY -


Right of cancellation


You have the right to cancel this contract within 14 days with giving reasons. The cancellation period is fourteen days from the day of the conclusion of the contract.


In order to exercise your right of cancellation, you must inform us

KptnCook GmbH

Mariendorfer Weg 64

12051 Berlin

Germany

E-Mail: support@kptncook.com


by means of a precise explanation (e.g. a letter sent by post or an email) about your decision to cancel this contract. For this, you may use the enclosed Specimen Cancellation Form which, however, is not obligatory.

The cancellation period is maintained if you send the notice of exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we will refund all payments received by us from you, including the delivery costs (excluding additional costs resulting thereof if you have chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and at latest within 14 days from the day on which the notice of your cancellation is received by us. We shall use the same means of payment that you used for the original transaction for the refund, unless otherwise expressly arranged with you; you will not be charged for this refund in any case.

If you have requested the start of the services during the cancellation period, then you will have to pay a reasonable amount, corresponding to the portion of the services already performed up to the time when you informed us of the exercise of the right of cancellation for this contract as compared to the total extent of the services provided in the contract.


- END OF CANCELLATION POLICY -


KptnCook GmbH informs about the Specimen Cancellation form according to the legal regulation as follows:


Specimen Cancellation Form

(If you want to cancel the contract, please fill out this form and send it back to us.)


- To:


KptnCook GmbH

Mariendorfer Weg 64

12051 Berlin

Germany


E-Mail: support@kptncook.com


- I (*) hereby cancel the contract concluded by me (*) for the purchase of the following goods/the performance of following service (*)

- Ordered on (*)/Received on (*)

- Name of the user

- Address of the user

- Signature of the user (only for communication on paper)

- Date


(*) Strike through that which is not applicable.


6. Fee and payment terms, offsetting and right of retention

Subscriptions can only be carried out through the channels—currently iOS or Android apps—chosen by KptnCook GmbH. The payment shall be made via the in-app purchase process of Apple or Google.

As part of access to the subscription, your payment obligation to KptnCook GmbH is automatically extended at the end of the respective subscription term, unless you cancel your paid subscription at least 24 hours before the end of the term (Clause 7).

You are not entitled to offset against the claims of KptnCook GmbH unless your counterclaims are legally established or undisputed. You are also entitled to offset against the claims of KptnCook GmbH if you assert notices of defects or counterclaims from the same contract.

You may only exercise a right of retention if your counterclaim proceeds from the same contract.

7. Term and cancellation

(7.1) The free usage contract will be valid from the time of download for an indefinite period according to these Terms of Use. You can cancel the free usage contract at any time. For this, you can delete your account via our mobile app under the “Settings” menu.

(7.2) The paid subscription for access to the subscription service (see Clause 3) will be valid at least for the original chosen duration and gets automatically extended if not cancelled at latest within 24 hours after the expiry of this period. The subscription duration gets extended in accordance with the previously chosen subscription model. You can cancel in the iTunes / App Store or Google Play settings in your smartphone.

The cancellation of subscription will take effect on the day after the last day of your current subscription term and you will be downgraded to free usage contract (free account). If you want to completely delete your account, you can do this via settings in the iOS or Android apps. All data will be irrevocably deleted. However, simply deleting your account in the app settings will not cancel the subscription; this must be done in the smartphone settings.

(7.3) The right to block and terminate for good cause remains unaffected by the preceding provisions. Good cause is notably (a.) a violation on your part, of duties under Clause 2.21. and/or (b.) if you permit unauthorized third-party access to the KptnCook App.

8. Out-of-court dispute resolution

For out-of-court settlement of disputes under consumer law, the European Union has established a platform for online resolution (“OS-Platform”) that can be accessed via http://ec.europa.eu/consumers/odr. The platform serves as a contact point for out-of court settlement of disputes concerning contractual obligations that arise from online contracts. § 36 of VSBG (Consumer Dispute Resolution Act) indicates that KptnCook is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

9. Final provisions

(9.1) These Terms of Use and the usage of services are determined by German law to the exclusion of its provisions pertaining to conflict of law. For disputes from or in connection with the usage of services and/or these Terms of Use, the courts in Berlin shall have exclusive jurisdiction insofar as both parties are merchants or have no fixed residence in Germany, have relocated residence or usual domicile after these Terms of Use have come into force or if the residence or usual domicile is unknown at the time of filing the action.

(9.2) With respect to all disputes arising from the license agreement and these Terms of Use, Berlin is the exclusive place of jurisdiction insofar as the member is a merchant within the meaning of the German Commercial Code (HGB), a public-law special fund or a juristic person under public law.

This text is a translation. In case of any inconsistency or discrepancy between the languages, the German language version shall take precedence.

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