Terms of Service

Effective: September 18th, 2024

1. Acceptance of Terms

By creating an account or using the App, you agree to these Terms, our Privacy Policy, and any other policies we may publish. We reserve the right to modify these Terms at any time. Continued use of the App after any such changes constitutes your acceptance of the new Terms.

We reserve the right to modify or update these Terms at any time. We will notify you of any changes to these Terms by posting the new Terms of Service on this page. Your continued use of the App constitutes your acceptance of the updated Terms.

2. User Accounts

You may need to create an account to access certain features of the App. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and agree to notify us immediately of any unauthorized use of your account.

3. Geographic Restrictions

Certain features are available only to users located within certain geographical regions. By using the App, you agree not to misrepresent your geographical location or use any methods (such as VPNs or proxies) to mask or falsify your IP address or country of residence. Any attempt to circumvent this restriction may result in termination of your account and access to the App.

4. User Conduct

You agree not to use the App for any unlawful or prohibited activities, including but not limited to:

• Uploading, posting, or otherwise transmitting any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Violating any applicable laws or regulations.
• Infringing the intellectual property rights of others.
• Interfering with or disrupting the App or servers or networks connected to the App.
• Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or creating derivative works of the App. You also agree not to circumvent, disable, or otherwise interfere with security-related features of the App.

5. Image Uploads

By using any feature within the App that allows you to upload an image, you represent and warrant that:

• You have the legal right to upload and share the images.
• The images do not contain any illegal or prohibited content, including but not limited to:
• Nudity, child exploitation material, or sexually explicit content;
• Depictions of terrorism, violence, or any form of hate speech;
• Copyrighted material without proper authorization;
• Any content that violates laws or regulations.

You acknowledge and agree that if you upload any illegal or prohibited images, we reserve the right to immediately terminate your account and report the violation to relevant authorities.

We assume no liability for any illegal images uploaded by users, and you agree to indemnify and hold Whisk harmless from any claims or liabilities arising from the images you upload.

6. Content Ownership and Intellectual Property

All content provided on the App is owned by Whisk or its licensors. You may not use, copy, or distribute any content from the App without our prior written permission.

By submitting user content through the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such user content for the purpose of operating and improving the App.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you consent to the practices described in the Privacy Policy.

8. Termination

We may terminate or suspend your access to the App at any time, without notice or liability, for any reason, including if you violate these Terms. Upon termination, all provisions of these Terms that by their nature should survive will remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

The App is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation or availability of the App or the accuracy of the content provided.

We may change, modify, or remove features of the App, including those that are currently provided to you at no cost, without prior notice. This includes the possibility that features which are currently free may become paid features in the future.

Features may be added, removed, or modified at our discretion. We may choose to charge for access to features that were previously free. We are not obligated to provide prior notice of such changes. Your continued use of the App after changes to features or pricing have been implemented constitutes your acceptance of such changes.

10. Recipe Liability Disclaimer

The recipes provided within the App, whether generated by AI or supplied directly by Whisk, are intended for general informational and entertainment purposes only. Whisk makes no guarantees regarding the accuracy, completeness, or suitability of any recipe, including ingredients, measurements, cooking methods, or potential allergens.

By using the App and any of the recipes it provides, you agree that:

• You are solely responsible for verifying the ingredients, nutritional information, and suitability of any recipe based on your dietary needs, including but not limited to potential allergens (e.g., peanuts, gluten, dairy, etc.).
• Whisk is not liable for any adverse reactions, injuries, or damages resulting from the preparation, consumption, or use of any recipe, including but not limited to allergic reactions, foodborne illnesses, or health complications.
• The use of AI-generated recipes does not replace professional advice from a qualified chef, dietitian, or health professional. You are advised to consult with a professional regarding any concerns you may have about ingredients, preparation techniques, or nutritional content.
• Whisk disclaims all responsibility for any recipes containing inaccurate measurements, missing or incorrect ingredients, excessive quantities (such as salt, spices, etc.), or any other issues that may arise during the cooking process.

Your use of the App and reliance on any recipes is at your own risk, and Whisk shall not be held liable for any damages, losses, or negative outcomes resulting from the use or misuse of any recipes provided through the App.

11. Limitation of Liability

To the maximum extent permitted by law, Whisk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the App;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party;
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we were advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Whisk, its affiliates, and their respective officers, directors, employees, agents, and representatives from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, your violation of these Terms, or your infringement of any third-party rights, including but not limited to any illegal images you upload.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the United States of America.

14. Miscellaneous

These Terms constitute the entire agreement between you and Whisk concerning the App and supersede all prior agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at our support email: support@whiskapp.net.

Whisk: Recipes & Meal Planner
Email: support@whiskapp.net
Support Website: https://www.whiskapp.net/support/