Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and ChefBear ("we," "us," or "our"). By downloading, installing, accessing, or using the ChefBear mobile application (the "App") or any related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other means. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Description of the Service

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

• Menu Scanning: Use your device camera to capture and digitize restaurant menus, extracting dish names, descriptions, and prices.
• AI Dish Recognition: Artificial intelligence analyzes menu items to provide dish descriptions, ingredient information, preparation methods, and translations into multiple languages.
• Personalized Recommendations: Based on your stated dietary preferences, allergen profiles, and cuisine preferences, the App generates personalized dish recommendations.
• AI-Generated Dish Images: When menus lack photographs, the App uses AI image generation to create illustrative visual representations of dishes based on their names and descriptions.

3. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

To access certain features of the Service, you may be required to create an account using email, Google Sign-In, Apple Sign-In, or guest access via Firebase Authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Subscriptions and Auto-Renewal

ChefBear offers subscription-based access to premium features. By purchasing a subscription, you agree to the following terms:

5.1. Subscription Plans

Available subscription plans, pricing, and features are described within the App. Prices are displayed in your local currency and may vary by region.

5.2. Auto-Renewal Disclosure

5.3. California Automatic Renewal Law (ARL) Compliance

In compliance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606):

• The terms of your automatic renewal offer are presented clearly and conspicuously before you complete your purchase.
• Your affirmative consent to the automatic renewal is obtained before charging your payment method.
• An acknowledgment of your automatic renewal terms is provided in a manner that can be retained by you (e.g., Apple App Store purchase receipt).
• You may cancel your subscription at any time through your Apple ID account settings (Settings > Apple ID > Subscriptions), and cancellation will take effect at the end of your current billing period.
• You will not be charged any cancellation fees for canceling your subscription.

5.4. Free Trials

We may offer free trial periods for premium features. If a free trial is offered, you will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid subscription at the then-current price unless you cancel before the trial ends. Any unused portion of a free trial will be forfeited when you purchase a subscription.

5.5. Refunds

Subscription payments are processed by Apple through the App Store. Refund requests must be submitted through Apple's standard refund process at reportaproblem.apple.com. We do not have the ability to process refunds directly.

6. AI-Generated Content Disclaimer

• AI-generated images are illustrations, not photographs. They represent an AI model's interpretation of a dish based on its name and description. They may not accurately reflect the actual appearance, portion size, presentation, or ingredients of the dish as served by any particular restaurant.
• AI-generated content is not dietary or medical advice. Information about ingredients, allergens, nutritional content, or dietary suitability is generated by AI and may be incomplete, inaccurate, or outdated. You must always verify allergen and dietary information directly with the restaurant or food establishment before ordering if you have food allergies, intolerances, or dietary restrictions.
• AI-generated content may contain errors. AI models can produce inaccurate, misleading, or fabricated information ("hallucinations"). We do not warrant the accuracy, completeness, or reliability of any AI-generated content.
• ChefBear is not responsible for your ordering or dietary decisions. You acknowledge that reliance on AI-generated content is at your own risk.

7. Allergen and Dietary Information Disclaimer

If you have a food allergy, food intolerance, celiac disease, or any other condition requiring dietary restrictions, you must:

• Always confirm ingredients and preparation methods directly with restaurant staff before ordering.
• Not rely solely on ChefBear for allergen or dietary information.
• Carry any required emergency medication (e.g., epinephrine auto-injectors) at all times.

ChefBear expressly disclaims any and all liability for allergic reactions, adverse health effects, or any harm resulting from reliance on information provided through the Service.

8. Intellectual Property

8.1. Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, icons, and other content (excluding User Content and AI-generated content), is owned by or licensed to ChefBear and is protected by United States and international copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

8.2. AI-Generated Images — Limited License

AI-generated dish images created through your use of the Service are generated by third-party AI models. Subject to these Terms and any applicable third-party terms:

• We grant you a limited, non-exclusive, non-transferable, revocable license to use AI-generated images for your personal, non-commercial purposes (e.g., viewing within the App, sharing with dining companions).
• You may not use AI-generated images for commercial purposes, including but not limited to advertising, marketing, resale, or any use that implies endorsement by ChefBear or any restaurant.
• We do not claim ownership of AI-generated images, but we also make no representations or warranties regarding your right to use them outside the App. The intellectual property status of AI-generated content is an evolving area of law.
• We reserve the right to modify or revoke this license at any time.

8.3. User Content

You retain ownership of any content you submit through the Service (e.g., menu photos, preference settings). By using the Service, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing and improving the Service.

9. DMCA Notice Procedure

We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing the following information in writing to our designated agent:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your name, address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: chefbearsupport@icloud.com with the subject line "DMCA Notice."

We will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA. Upon receipt of a valid notice, we will respond expeditiously to remove or disable access to the allegedly infringing material.

10. Disclaimer of Warranties

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the Service will be accurate, reliable, or complete;
• AI-generated content, including dish descriptions, recommendations, allergen information, or images, will be accurate, complete, or suitable for any particular purpose;
• Any defects in the Service will be corrected; or
• The Service will be compatible with any particular device, operating system, or network.

You acknowledge that AI technology is inherently imperfect and that AI-generated content may contain errors, inaccuracies, or misleading information. Your use of the Service and reliance on any AI-generated content is at your sole risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHEFBEAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING AI SERVICE PROVIDERS;
• ANY AI-GENERATED CONTENT, INCLUDING INACCURATE ALLERGEN INFORMATION, DISH DESCRIPTIONS, OR IMAGES;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY ALLERGIC REACTION, ADVERSE HEALTH EFFECT, OR INJURY RESULTING FROM YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; OR
• ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnification

You agree to indemnify, defend, and hold harmless ChefBear, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

• Your use of or access to the Service;
• Your violation of these Terms;
• Your violation of any rights of any third party;
• Your use of AI-generated content outside the scope of the license granted herein; or
• Any content you submit through the Service.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. Subject to the arbitration provision below, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of California, and you irrevocably consent to the personal jurisdiction of such courts.

14. Binding Arbitration and Class Action Waiver

14.1. Agreement to Arbitrate

You and ChefBear agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. BY AGREEING TO THESE TERMS, YOU AND CHEFBEAR EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

14.2. Arbitration Rules

Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or, at your election, under its Comprehensive Arbitration Rules and Procedures if the claim exceeds $250,000. The arbitration will be held in the State of California, or at another mutually agreed location, or via telephone or video conference if requested by either party. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3. Class Action Waiver

YOU AND CHEFBEAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4. Thirty (30) Day Opt-Out Right

14.5. Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or these Terms;
• Infringe the intellectual property rights of any third party;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
• Interfere with or disrupt the Service or any servers or networks connected to the Service;
• Use automated scripts, bots, or other means to access or scrape the Service;
• Attempt to gain unauthorized access to any part of the Service or any systems or networks connected to the Service;
• Use the Service to generate, store, or distribute content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable; or
• Use the Service for any purpose other than its intended purpose as described in Section 2.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by deleting your account through the App settings or contacting us at chefbearsupport@icloud.com.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 6 (AI-Generated Content Disclaimer), 7 (Allergen Disclaimer), 8 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Governing Law), and 14 (Arbitration).

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChefBear regarding the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the Service.

19. Contact Information

If you have questions about these Terms, please contact us at:

• Email: chefbearsupport@icloud.com