Terms of Service
§ 1 Scope
(1) These General Terms and Conditions (hereinafter "Terms") apply to the use of the app "The Flavour Circle" (hereinafter "App") and the associated web platform at theflavourcircle.com (hereinafter "Web Platform"), provided by: PrevAI UG (haftungsbeschränkt) Prof. Dr. Johannes Haubold Voßbergring 17A, 45259 Essen, Germany Email: info@prevai.net Commercial Register: Amtsgericht Essen, HRB 36685 VAT ID: DE431786606 (hereinafter "Provider", "we" or "us"). (2) These Terms apply to all users of the App and the Web Platform. By registering, the user agrees to these Terms. (3) Deviating terms of the user are not recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Description of Services
(1) The App is designed for creating, managing, and sharing recipes within a family context. The basic functions of the App are free to use. (2) The scope of services includes in particular: • Creating, editing, and managing recipes • Creating and managing family groups • Sharing recipes with family members • Rating and commenting on recipes • Creating recipe books (3) In addition, the App offers optional AI-powered features (see § 5) that require the use of AI credits. (4) The Provider reserves the right to further develop, expand, or modify the App's functionality, provided this is reasonable for the user and does not significantly restrict the core functionality.
§ 3 Registration and User Account
(1) Use of the App requires the creation of a user account. Registration is done via a valid email address. (2) Use of the App requires a minimum age of 16 years. (3) The user is obligated to provide truthful information during registration and to keep their login credentials confidential. The user is liable for all activities carried out through their account. (4) The user may be a member of multiple family groups. The number of members per family group is not limited. (5) Upon registration, the user receives a one-time grant of 10 free AI credits. Upon creating their first family group, the user receives an additional one-time grant of 20 free AI credits.
§ 4 In-App Purchases and Payment Terms
(1) AI credits can be purchased via in-app purchases. Payment processing in the iOS app is handled through the Apple App Store and on the web platform through Stripe. The respective payment terms of the payment service provider apply. (2) The currently available credit packages and their prices are displayed in the App. All prices include the applicable statutory value-added tax. (3) Purchased AI credits are valid for two (2) years from the date of purchase. After this period, unused credits expire without replacement. (4) AI credits are non-transferable and cannot be exchanged for money, unless otherwise required by law.
§ 5 AI Features
(1) The App offers optional AI-powered features, including: • Recipe recognition from photos • Recipe recognition from voice recordings • AI-powered recipe generation and modification • Nutritional value prediction • AI-powered image generation for recipes (2) Each use of an AI feature consumes a certain number of AI credits. The displayed credit consumption is an estimate; actual consumption may vary slightly depending on the complexity of the request. No guarantee is given for exact consumption. (3) AI processing is performed server-side through third-party providers (currently OpenAI). The data submitted by the user is processed exclusively for the purpose of providing the requested feature and is not used for training AI models. (4) No guarantee for AI results: AI-generated content (recipes, nutritional information, images) is machine-generated and may be incorrect, incomplete, or inaccurate. The Provider assumes no guarantee for the correctness, completeness, or suitability of AI-generated content. Users are particularly advised to independently verify nutritional information and allergen data. (5) Copyright of AI-generated content: AI-generated content may bear similarities to existing works. The Provider makes no guarantee that generated content is free from third-party rights. The user is solely responsible for the legal review of the usability of AI-generated content, particularly for commercial use. (6) Voice recordings: When using voice recognition, audio data is transmitted from the user's device to the server for processing. Audio data may contain personal data (e.g., voice, persons audible in the background). The user warrants that they are authorized to record and transmit the audio data and have obtained the consent of any affected third parties where applicable. Audio data is processed exclusively for transcription and is not permanently stored. (7) Food safety: The user is solely responsible for the preparation and consumption of food based on recipes contained in or generated by the App. In particular, AI-powered recipe modifications may introduce new ingredients and thus new allergens that were not present in the original recipe. The user is solely responsible for verifying all ingredients, allergens, and preparation instructions before preparation and consumption.
§ 6 Sharing Recipes
(1) The user can share their own recipes as well as recipes from their family group with other users. Sharing is possible as: • Direct sharing to a specific user • Creating a public link valid for 30 days (2) When sharing, a copy of the recipe is created at the time of sharing (snapshot). The recipient receives an independent copy that is separate from the original recipe. Subsequent changes to the original recipe are not reflected in the copy and vice versa. (3) Shared recipes include a reference to the sender (attribution). The recipient can freely edit the imported copy. (4) Rights to shared content: By sharing, the sender grants the recipient a simple, non-exclusive right of use to the created copy. The original recipe and the rights thereto remain unaffected. When creating a public link, the user grants every person who accesses the recipe via the link a simple, non-exclusive right of use to the shared content. The user is responsible for ensuring that the content shared via the link does not infringe the rights of third parties. (5) The sender can revoke sharing as long as the recipient has not yet imported the copy. Already imported copies remain with the recipient. (6) Responsibility for publicly shared content: The user is solely responsible for all content they make accessible via public links. In particular, copyrighted content of third parties (e.g., recipes from cookbooks, protected photos) may not be publicly shared without appropriate authorization. The Provider is entitled to promptly remove publicly shared content or block access upon becoming aware of rights violations (notice-and-takedown). Affected third parties may report rights violations to info@prevai.net.
§ 7 Recipe Book Printing
(1) The App offers the option to order individually designed recipe books as physical printed products. Printing and shipping are handled by the service provider Gelato (Gelato AS, Norway). (2) The Provider mediates the order between the user and Gelato. The purchase contract for the printed product is concluded between the user and the Provider. Gelato acts as a contractor of the Provider for production and shipping. (3) Preview and content responsibility: Before ordering, the user is shown a PDF preview of the book. The user is solely responsible for the content of the book (texts, images, recipes). The Provider does not review the content for accuracy, completeness, or legality. The user ensures that the content used does not infringe the rights of third parties. (4) Ordering process: The user selects the format, binding, and content of the book. The price is dynamically calculated based on the selected format, page count, and delivery country and is displayed to the user before the binding order. All prices include statutory value-added tax plus shipping costs. (5) Delivery: Delivery is made to the address provided by the user. Delivery time depends on the production location and delivery country and is estimated during the ordering process. A binding delivery date is not guaranteed. (6) Data transfer to Gelato: For order processing, the following data is transmitted to Gelato: name, delivery address, email address of the user, and the PDF of the book for printing. Data processing by Gelato is carried out on the basis of a data processing agreement. (7) Right of withdrawal: The statutory 14-day right of withdrawal applies to recipe books. The right of withdrawal does not apply to goods that are made to the customer's specifications or are clearly tailored to personal needs (§ 312g para. 2 no. 1 BGB). Since recipe books are individually printed according to the user's content, the right of withdrawal is excluded after production has begun. (8) Defects: In the case of defects in the printed product (e.g., printing errors, damage during shipping), the user may demand rectification. Defects attributable to content provided by the user (e.g., low-resolution images) do not constitute a defect in the printed product. (9) Availability: Recipe book printing depends on the availability of the service provider Gelato and may be limited to certain delivery countries. The currently available delivery countries are displayed during the ordering process.
§ 8 Right of Withdrawal for Digital Content
(1) Consumers generally have a 14-day right of withdrawal. (2) The right of withdrawal expires prematurely for digital content (AI credits) that is not delivered on a physical medium, if the Provider has begun performing the contract after the user has expressly agreed that the Provider may begin performance before the expiry of the withdrawal period, and the user has confirmed their awareness that by giving their consent, they lose their right of withdrawal upon commencement of performance (§ 356 para. 5 BGB). (3) Refunds for purchases made through the Apple App Store are governed by Apple's policies. Refunds for purchases made through Stripe are governed by applicable statutory provisions.
§ 9 Rights of Use and Obligations
(1) Rights to user content: The user retains all rights to the content they create (recipes, texts, photos). The user grants the Provider a simple, non-transferable right of use to store, display, and process this content as part of providing and operating the App. This right of use expires upon deletion of the respective content or the user account. (2) The user warrants that they hold the necessary rights to the content they upload and that this content does not infringe the rights of third parties. (3) Prohibited use: The user is prohibited from: • Using the App for unlawful purposes • Uploading content that violates applicable law or infringes the rights of third parties • Manipulating or overloading the App's technical infrastructure • Carrying out automated access to the App (scraping, bots) • Selling or transferring AI credits or accounts to third parties (4) In the event of violations of these usage obligations, the Provider is entitled to temporarily suspend or permanently delete the user account. (5) Moderation and removal of content: The Provider is entitled to remove content or block access at any time without prior notice if there are concrete indications of a violation of these Terms, applicable law, or the rights of third parties. The user has no claim to the restoration of removed content. (6) Trademarks and third-party designations: Trademarks, product names, and protected designations mentioned in the App (e.g., Thermomix®) are the property of their respective rights holders and serve solely for the description of functions or compatibility. No affiliation, endorsement, or recommendation by the respective trademark holders exists. Features for adapting recipes to specific kitchen appliances (e.g., Thermomix®) are provided without the involvement or authorization of the respective manufacturer and do not constitute official or verified recipes.
§ 10 Liability
(1) The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused intentionally or through gross negligence. (2) For slight negligence, the Provider is only liable in the event of a breach of essential contractual obligations (cardinal obligations). Liability in these cases is limited to the typical, foreseeable damage. (3) Liability for the accuracy, completeness, or timeliness of AI-generated content is excluded. (4) The above limitations of liability also apply in favor of the Provider's legal representatives and vicarious agents.
§ 11 Availability
(1) The Provider strives for uninterrupted availability of the App. There is no entitlement to continuous availability. Availability may be limited in particular during maintenance work, updates, or in the event of disruptions beyond the Provider's control (e.g., force majeure, disruptions at third-party providers). (2) AI features depend on the availability of the third-party services used. The Provider is not liable for outages or limitations of these services. (3) The Provider makes no guarantee for the permanent availability of specific AI models or versions (e.g., specific GPT or Whisper versions). The Provider reserves the right to replace AI models used at any time with equivalent or improved models.
§ 12 Contract Duration and Termination
(1) The usage contract is concluded for an indefinite period and can be terminated by either party at any time without giving reasons. (2) The user can delete their account at any time independently in the App or on the web platform at theflavourcircle.com. (3) After account deletion, personal data will be deleted within 30 days, unless statutory retention obligations apply. Unused AI credits expire without replacement upon account deletion. (4) The right to immediate termination for good cause remains unaffected.
§ 13 Changes to the Terms
(1) The Provider reserves the right to amend these Terms with effect for the future, insofar as this is necessary for objectively justified reasons (e.g., change in legal situation, expansion of functionality). (2) The user will be informed of changes to the Terms in a timely manner. The amended Terms are deemed approved if the user does not object within four (4) weeks of receiving the notification of changes. The Provider will separately inform the user of their right to object and its consequences in the notification of changes.
§ 14 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) If the user is a consumer, the mandatory consumer protection provisions of the state in which the user has their habitual residence apply, insofar as they provide the user with greater protection. (3) If the user is a merchant, a legal entity under public law, or a special public-law fund, the exclusive place of jurisdiction for all disputes is the registered office of the Provider (Essen). (4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. (5) International use: The App and the Web Platform are not designed to comply with specific national regulations outside of Germany, in particular with regard to food labeling, health claims, allergen declarations, or comparable regulations. Users outside Germany are solely responsible for compliance with locally applicable regulations when using the App's content.