Terms of Service

1. Introduction and Scope

These Terms of Service ("Terms") govern your use of the ChefBear mobile application ("App", "Service") and all related services. By downloading, installing, or using ChefBear, you agree to be bound by these Terms.

These Terms are intended for users who are resident in the European Union (EU) and the European Economic Area (EEA). If you reside outside the EU/EEA, please select the appropriate regional version of these Terms.

ChefBear is operated by ChefBear ("we", "us", "our"). For contact information, see Section 19.

2. Service Description

ChefBear is an AI-powered dining companion application that provides the following features:

• Menu Scanning: Use your device camera to scan restaurant menus. ChefBear uses optical character recognition (OCR) and AI to extract and interpret dish names, descriptions, and prices.
• AI Dish Recognition: Advanced AI models identify dishes, ingredients, and preparation methods from menu text, providing translations and explanations.
• Personalised Recommendations: Based on your stated dietary preferences, allergies, and cuisine interests, ChefBear generates AI-powered dish recommendations tailored to you.
• AI-Generated Dish Images: When restaurant menus lack photographs, ChefBear generates AI-produced visual representations of dishes to help you visualise what you may order.
• Multilingual Support: ChefBear supports multiple languages to help you navigate menus in foreign countries.

The Service is available as a free tier with limited features and as a premium subscription ("ChefBear Pro") with enhanced capabilities.

3. Account Registration and Eligibility

To access certain features of ChefBear, you may need to create an account. You can register using your email address, Google account, Apple ID, or use the App as a guest with limited functionality.

By creating an account, you represent that:

• You are at least 16 years of age (or the applicable minimum age in your EU member state, which shall not be lower than 13);
• The information you provide is accurate and complete;
• You will keep your account information up to date;
• You are responsible for maintaining the confidentiality of your account credentials.

4. Right of Withdrawal

4.1 Your 14-Day Withdrawal Right

Under Directive 2011/83/EU (Consumer Rights Directive), as a consumer in the EU, you have the right to withdraw from any distance contract within 14 calendar days without giving any reason. The withdrawal period expires 14 days after the day of the conclusion of the contract (i.e., the date of your subscription purchase).

To exercise the right of withdrawal, you must inform us of your decision by a clear statement (e.g., by email to chefbearsupport@icloud.com). You may use the model withdrawal form below, but it is not obligatory.

4.2 Consequences of Withdrawal

If you withdraw from the contract, we shall reimburse all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. We will use the same means of payment as you used for the initial transaction (i.e., through the Apple App Store refund process), unless you have expressly agreed otherwise.

4.3 Exception: Immediate Digital Access

If you wish to access premium digital content immediately after purchase (without waiting for the 14-day withdrawal period to expire), you may expressly consent to the immediate supply of digital content and acknowledge that you thereby lose your right of withdrawal. This consent is requested during the subscription purchase process in accordance with Art. 16(m) of Directive 2011/83/EU.

If you do provide such consent:

• Premium features will be available immediately;
• You acknowledge and agree that you lose your right to withdraw from the contract once the digital content has been fully supplied;
• We will provide confirmation of this consent on a durable medium (e.g., email).

4.4 App Store Purchases

All purchases are processed through the Apple App Store. Apple's refund policies may also apply. You can request refunds through Apple at reportaproblem.apple.com. Your statutory withdrawal rights under EU law are in addition to any refund policies offered by Apple.

5. Subscription Terms

5.1 Subscription Plans

ChefBear Pro is available as a subscription service with the following options:

• Monthly subscription: Billed monthly, auto-renewing;
• Annual subscription: Billed annually, auto-renewing.

Current pricing is displayed in the App and on the Apple App Store before purchase, inclusive of any applicable VAT as required by EU law.

5.2 Auto-Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. You can manage and cancel your subscription at any time through your Apple ID account settings.

Upon cancellation:

• You retain access to premium features until the end of the current paid billing period;
• No further charges will be applied;
• Your account reverts to the free tier after the paid period expires.

5.3 Price Changes

We may change subscription prices from time to time. Any price increase will:

• Be communicated to you in advance, at least 30 days before taking effect;
• Not apply to your current billing period;
• Require your affirmative acceptance for the new price to apply at the next renewal, in accordance with applicable EU consumer protection law;
• Entitle you to cancel your subscription before the new price takes effect.

5.4 Fair Contract Terms

In accordance with Directive 93/13/EEC (Unfair Contract Terms Directive), the subscription terms set out herein have been drafted in plain and intelligible language. No term in this agreement shall be deemed to:

• Create a significant imbalance in the parties' rights and obligations to the detriment of the consumer;
• Irrevocably bind you to conditions with which you had no real opportunity of becoming acquainted before the conclusion of the contract;
• Exclude or limit your legal rights as a consumer in the event of total or partial non-performance or inadequate performance by us;
• Automatically extend a fixed-duration contract where the deadline for the consumer to express a desire not to extend is unreasonably early.

6. Digital Content Conformity (Directive (EU) 2019/770)

6.1 Conformity Requirements

In accordance with the Digital Content Directive (Directive (EU) 2019/770), we warrant that ChefBear shall:

• Conform to the description, quantity, quality, functionality, compatibility, interoperability, and other features as described in Section 2 and in the App Store listing;
• Be fit for the purposes for which digital content of the same type would normally be used;
• Be supplied with all accessories, instructions, and customer assistance as reasonably expected;
• Be updated as necessary to maintain conformity, including security updates, for the duration of your subscription.

6.2 Lack of Conformity

If the digital content does not conform to the requirements above, you are entitled to:

• Have the digital content brought into conformity free of charge, within a reasonable time, and without any significant inconvenience to you;
• Receive a proportionate reduction in price, or terminate the contract, if:
  • Bringing the content into conformity is impossible or disproportionate;
  • We have failed to bring the content into conformity within a reasonable time;
  • A lack of conformity appears despite our attempt to bring the content into conformity;
  • The lack of conformity is so serious as to justify an immediate price reduction or termination.

6.3 Burden of Proof

Any lack of conformity that becomes apparent within one year of the supply of the digital content shall be presumed to have existed at the time of supply, unless we demonstrate otherwise, or unless such a presumption is incompatible with the nature of the content or the nature of the lack of conformity.

7. Artificial Intelligence Transparency (EU AI Act)

In accordance with Regulation (EU) 2024/1689 (the EU Artificial Intelligence Act), we provide the following transparency disclosures regarding AI systems used within ChefBear:

7.1 AI Systems in Use

AI Feature	Purpose	Risk Classification	Disclosure
Menu Text Recognition (OCR)	Extracting text from menu photographs	Minimal risk	AI-processed text is clearly presented as extracted content
Dish Recognition & Translation	Identifying dishes and providing multilingual descriptions	Minimal risk	AI-generated descriptions are labelled as AI-produced
Personalised Recommendations	Suggesting dishes based on user preferences	Minimal risk	Recommendations are clearly identified as AI-generated suggestions
AI Image Generation	Creating visual representations of dishes	Limited risk (Art. 50)	All AI-generated images are clearly and prominently labelled as AI-generated content, not real photographs

7.2 AI-Generated Content Labelling

In compliance with Art. 50 of the EU AI Act:

• All AI-generated dish images are clearly labelled with a visible indicator that the image is AI-generated and does not depict a real photograph of the dish;
• AI-generated text (such as dish descriptions, translations, and recommendations) is identified as AI-produced content;
• Users are informed at point of interaction that they are engaging with AI-generated content, not human-curated content.

7.3 User Awareness

You are hereby informed that:

• ChefBear uses artificial intelligence systems to process your menu scans and generate content;
• AI-generated content may contain inaccuracies, and you should not rely solely on AI outputs for decisions affecting your health (e.g., allergen information);
• You have the right to know when you are interacting with AI-generated content, and ChefBear provides clear labelling throughout the interface.

8. AI Content Disclaimer and Limitations

ChefBear uses artificial intelligence to enhance your dining experience. It is important that you understand the following limitations:

• Not a substitute for professional advice: AI-generated recommendations are not medical, nutritional, or dietary advice. If you have severe food allergies, intolerances, or medical dietary requirements, always verify ingredients directly with the restaurant staff.
• Accuracy limitations: AI dish recognition and translation may contain errors. Menu scanning accuracy depends on image quality, language complexity, handwriting legibility, and other factors.
• AI-generated images are illustrative: AI-generated dish photographs are artistic representations and may not accurately reflect the actual appearance of dishes served by the restaurant.
• No guarantee of availability: Dish recommendations do not guarantee that the recommended dishes are available or served in the manner described.
• Third-party AI services: AI features rely on third-party AI providers. Service quality may vary based on provider availability and model performance.

9. User Obligations and Acceptable Use

When using ChefBear, you agree to:

• Use the Service only for its intended purpose (personal, non-commercial dining assistance);
• Provide accurate preference and profile information;
• Not attempt to reverse-engineer, decompile, or extract the source code of the App (except to the extent permitted by mandatory law, including Directive 2009/24/EC);
• Not use the Service to generate content that is unlawful, harmful, or infringing;
• Not use automated systems (bots, scrapers) to access the Service;
• Not circumvent usage limits, access controls, or licensing restrictions;
• Respect the intellectual property rights of ChefBear and third parties.

10. Intellectual Property

10.1 Our Intellectual Property

ChefBear, including its design, code, AI models, algorithms, user interface, graphics, logos, and trademarks, is the intellectual property of ChefBear and/or its licensors. All rights are reserved. These Terms do not grant you any intellectual property rights in the Service except the limited licence to use the App as described herein.

10.2 Your Content

You retain ownership of any content you create or upload to ChefBear (such as menu photographs). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free licence to process your content solely for the purpose of providing the Service to you. This licence terminates when you delete your content or your account.

10.3 AI-Generated Content

AI-generated content (including dish images, descriptions, and recommendations) is produced by our AI systems for your personal use within the Service. You may use AI-generated content for personal, non-commercial purposes. You may not:

• Claim AI-generated images as real photographs;
• Use AI-generated content for commercial purposes without our prior written consent;
• Redistribute AI-generated content at scale.

11. Limitation of Liability

11.1 Scope of Liability

To the maximum extent permitted by applicable EU law:

• We shall be liable without limitation for damages caused by intentional misconduct or gross negligence;
• For slight negligence, we shall only be liable for breach of essential contractual obligations ("cardinal obligations"), limited to the foreseeable, typically occurring damage;
• We shall not be liable for indirect, incidental, or consequential damages arising from the use of AI-generated content, except where mandatory law provides otherwise.

11.2 Mandatory Consumer Rights Preserved

Nothing in these Terms shall limit or exclude:

• Liability for death or personal injury caused by negligence;
• Liability for fraud or fraudulent misrepresentation;
• Any liability that cannot be excluded or limited under applicable EU or member state law;
• Your statutory rights under the Digital Content Directive (Directive (EU) 2019/770);
• Your statutory rights under the Consumer Rights Directive (Directive 2011/83/EU).

12. Indemnification

You agree to indemnify and hold ChefBear harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Service, to the extent permitted by mandatory consumer protection law. This indemnification obligation does not apply to the extent that ChefBear is responsible for the relevant breach or damage.

13. Termination

13.1 Termination by You

You may stop using ChefBear and delete your account at any time through the App settings. You may cancel your subscription through your Apple ID account settings.

13.2 Termination by Us

We may suspend or terminate your access to ChefBear if:

• You materially breach these Terms and fail to cure the breach within a reasonable period after notice;
• You engage in fraudulent, abusive, or unlawful activity;
• Continued provision of the Service becomes commercially impracticable or legally prohibited.

Before termination, we will provide reasonable notice and an opportunity to remedy the breach where practicable, except in cases of severe or repeated violations.

13.3 Effects of Termination

Upon termination:

• Your licence to use the App ceases;
• We will handle your data in accordance with our Privacy Policy and applicable data retention obligations;
• Any prepaid subscription fees for unused periods will be refunded on a pro rata basis, as required by applicable EU consumer protection law;
• Provisions that by their nature should survive termination (including IP, liability, and dispute resolution) shall continue in effect.

14. Service Availability and Modifications

We strive to provide uninterrupted access to ChefBear but cannot guarantee 100% availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, update, or discontinue features of the Service. For modifications that negatively affect your access to or use of the Service in more than a minor way:

• We will give you reasonable advance notice before the modification takes effect;
• You may terminate the contract free of charge within 30 days of receiving such notice;
• This right does not apply where the modification is made necessary by law, does not affect the digital content in a material way, or is made without additional cost to you.

15. Dispute Resolution

15.1 No Binding Arbitration

We acknowledge that mandatory pre-dispute binding arbitration clauses are generally unenforceable against consumers in the European Union. Accordingly, these Terms do not require binding arbitration for dispute resolution.

15.2 Amicable Resolution

In the event of a dispute, we encourage you to contact us first at chefbearsupport@icloud.com so we can attempt to resolve the matter amicably.

15.3 Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers, available at: https://ec.europa.eu/consumers/odr. You may use this platform to submit a complaint about a purchase made online.

15.4 Judicial Remedies

You retain the right to bring proceedings before the courts of the EU member state in which you are domiciled. Nothing in these Terms restricts your right to bring legal action in any jurisdiction available to you under mandatory EU law, including under Regulation (EU) No 1215/2012 (Brussels I Recast).

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the country where we are established, without prejudice to the mandatory consumer protection provisions of the law of the EU member state in which you have your habitual residence.

In accordance with Art. 6(2) of Regulation (EC) No 593/2008 (Rome I), where you are a consumer, a choice of law cannot have the result of depriving you of the protection afforded to you by the mandatory provisions of the law of the country of your habitual residence.

17. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChefBear regarding the use of the Service, superseding any prior agreements or communications.

18. Changes to These Terms

We may update these Terms from time to time. When we do:

• We will provide at least 30 days' advance notice before material changes take effect;
• Notice will be provided via in-app notification and/or email;
• The updated Terms will be posted at this URL with a revised effective date;
• For material changes, we will seek your affirmative acceptance where required by applicable law;
• If you do not agree to the updated Terms, you may terminate the contract by ceasing to use the Service and cancelling your subscription before the changes take effect.

Continued use of ChefBear after the effective date of updated Terms constitutes acceptance of those Terms, subject to your rights under mandatory consumer protection law.

19. Contact Information

General Inquiries	chefbearsupport@icloud.com
Data Protection Officer	chefbearsupport@icloud.com
Support	seeplate.app/support