Terms of Service for Spiżarnia

Summary

• The App is for people aged 16 or over. You need an account (Google or e-mail and password). The Free plan costs nothing.
• Premium is a monthly Google Play subscription. It renews automatically until you cancel it in the Play Store.
• Recipes are read by an AI model (Gemini), which can make mistakes. Check ingredients, quantities and allergens before you cook.
• By saving content, you declare that you have the right to it. Save it only for your own household.
• Sexual, violent, hateful, political, illegal or spam content is not allowed. Photos, recipes and people can be reported in the App; we remove such content and block accounts that add it.
• You can delete your account at any time; that ends the agreement.

1. Service provider

The App is provided by Octigo sp. z o.o., ul. Redycka 38/1, 51-169 Wrocław, Poland ("we", "us"), e-mail: marcin.zmigrodzki@octigo.pl. These Terms are the terms of service within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

The company is entered in the Register of Entrepreneurs of the National Court Register (KRS), kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000360836; tax ID (NIP) 8951978011; share capital PLN 10,000.

2. Definitions

• User ("you"): a natural person who uses the App.
• Account: your account in the App, created by signing in with Google or with an e-mail address and password.
• Household: a shared space in the App in which up to six people share recipes, a shopping list and a fridge. A Member is a User who belongs to a Household.
• Content: screenshots, photos, recipes, notes, links and other data that Users add to the App.
• AI read: one processing of a batch of screenshots by the Gemini model to read a recipe.
• Plan: Free or Premium, with the limits set out in section 6. Premium is the paid plan, bought as a Google Play subscription.
• Gift code: a code from us that grants Premium for a set period.

3. What the App does

The App lets you:

• save recipes from screenshots you share with it, which are read by an AI model, and browse, tag and delete recipes;
• create Households and join them with a code, to share recipes, the shopping list and the fridge with other Members;
• build a shopping list from recipes and find recipes by tags and by what is in the fridge;
• receive notifications about recipes added by Members and about the result of an AI read;
• save a copy of the Household's recipes to your phone as a ZIP file.

The agreement for using the App is concluded for an indefinite period when you create an Account. The agreement for Premium is concluded when you buy the subscription in Google Play. The App is provided free of charge on the Free plan and for a fee on Premium.

4. Technical requirements

• a phone with Android 8.0 or later and Google Play services;
• an internet connection (some features work offline; changes are sent once you are connected);
• a Google account or an e-mail address;
• to buy Premium: a Google Play account with a payment method.

5. Account and Households

• You may create an Account if you are at least 16 years old. A minor may buy Premium only with the consent of a parent or legal guardian.
• An Account is for one person. Keep your sign-in details to yourself; do not let others use your Account.
• You can create a Household or join one with a 6-character code from a Member. A Household has up to six Members; you can belong to several Households.
• All Members of a Household see and use its recipes, shopping list and fridge, and see who added each recipe. The Household code gives access to the Household, so share it only with people you trust.
• When you leave a Household or delete your Account, the recipes you added stay in shared Households with the other Members (without your name).

6. Plans and limits

• A plan belongs to an Account, and the whole Household uses it: a Household has the best plan among its Members. Limits count for the whole Household.
• The AI read month follows UTC and starts on the first day of each calendar month. Unused reads do not carry over. A read in which Gemini did not respond is not counted; a read in which no recipe was found is counted.
• When the recipe or AI read limit is reached, the App will not accept new screenshots until you delete recipes, a new month starts or the Household gets Premium. When photo storage is full, a recipe is saved without the photos that do not fit.
• When Premium ends, the Household returns to the Free plan. Nothing is deleted, but recipes above the limit block adding new ones until their number falls below it.

7. Premium subscription

• You buy Premium in the App (person icon in "Recipes" › "Plan"). The sale and payment are handled by Google Play under the Google Play Terms of Service. We do not receive card or other payment details.
• Price: the current price is shown in the App and in Google Play before you buy, in your local currency and including any taxes due. The base price is USD 9 a month.
• Renewal: the subscription is monthly and renews automatically; Google Play charges the fee at the start of each period until you cancel.
• Cancellation: cancel in the Play Store (in the App: "Plan" › "Manage subscription in Google Play") before the renewal date. Premium works until the end of the paid period. Cancelling does not refund the current period, without prejudice to section 9.
• Price changes: we will give advance notice of a price change through Google Play under its rules. If you do not accept the new price, you can cancel before the next renewal.
• A purchase is tied to the Spiżarnia Account on which it was made and cannot be moved to another Account.
• Refunds for Google Play purchases may also be requested from Google under the Google Play refund policies.

8. Gift codes

• We may give a gift code for Premium. A code is created for the e-mail address of a specific Account, and only that Account can redeem it ("Plan" › "I have a gift code").
• A code must be redeemed within 90 days of being created. It grants Premium for the period stated when it was given, added on top of Premium from earlier codes. Premium from a code does not renew automatically.
• Gift codes cannot be exchanged for money, sold or transferred to another Account.

9. Right of withdrawal (consumers)

• If you are a consumer, you may withdraw from the Premium agreement within 14 days of concluding it, without giving a reason.
• To withdraw, send us a statement by e-mail to marcin.zmigrodzki@octigo.pl from the e-mail address of your Account, for example: "I withdraw from my Premium subscription in the Spiżarnia app". You may use the model withdrawal form, but you do not have to. You may also request a refund in Google Play.
• We will refund the payment through Google Play, to the original payment method, within 14 days of receiving your statement. Premium ends when the refund is made.

10. Your content

• The App is for saving recipes for your own, private use in your Household. Recipes, photos and texts from Instagram and other services may be protected by their authors' copyright; do not use the App to publish third-party content.
• Your declaration: by adding Content to the App, you declare that you have the right to save it and use it in this way, because the Content is your own, its author or rights holder has allowed it, or the law permits it (for example, as private use). You also declare that the Content does not infringe the rights of others, including copyright, the right to one's image and personal rights, and is not prohibited content under section 11.
• You keep your rights to your Content. You grant us a non-exclusive, free licence to store, copy, resize, have read by the AI model and display your Content to the Members of your Household, only to provide the App and only for as long as the Content is kept in the App.
• You are responsible for the Content you add. You must not add unlawful content, including content that infringes the rights or personal interests of others, or the content listed in section 11.

11. Acceptable use and prohibited content

The App is for recipes. In screenshots, photos, recipes, notes, tags, Household names and member names, you must not add:

• nudity, pornography or other sexual content;
• any content that sexualises minors or shows child sexual abuse (we report such content to the authorities);
• violence, gore, cruelty to people or animals, or content promoting self-harm or suicide;
• hate speech, harassment, threats, bullying, or content that demeans people because of their origin, religion, sex, sexual orientation, disability, age or other characteristics;
• content promoting terrorism or crime, or the sale of illegal drugs or weapons;
• political content, such as election or campaign materials, political advertising, agitation or propaganda;
• spam, scams, phishing, malicious links or advertising;
• other people's personal data, such as documents, addresses or phone numbers, without their consent;
• screenshots and photos that have nothing to do with recipes or cooking, such as private conversations or documents;
• any other unlawful content.

You must also not:

• circumvent plan limits or security measures (such as App Check), or modify, decompile or reverse engineer the App, except where the law allows it;
• use the App through bots, scripts or other automated means, or use AI reads for anything other than reading recipes;
• disrupt our services, or try to access Households you have not been invited to;
• impersonate other people, or make reports in bad faith (false or mass reports);
• resell access to the App, Premium or gift codes.

We may remove Content that breaches these Terms. If you breach these Terms, we may ask you to stop; in case of a serious or repeated breach, we may block the Account (section 12) or terminate the agreement under section 16. For child sexual abuse material or other clearly unlawful content, we block the Account straight away, without a prior request.

12. Reporting content and people, moderation

• Reporting in the App: you can report a dish photo (open the photo › "Report"), a recipe (⋮ in the recipe › "Report recipe") or another Member (person icon in "Recipes" › "Report" next to their name). Choose a reason and, if you like, add a comment. When reporting, you can also delete the photo or recipe from the Household right away, or leave the Household.
• A report reaches us with a copy of the reported Content (the recipe text and photos), your name in the Household and the name of the person who added the Content. We keep the copy even if the Content is deleted from the Household, so that we can review the report. We do not tell the reported person who made the report.
• We do not check Content in advance and do not moderate it automatically. Reports are reviewed by a person, without undue delay. After review we may delete the Content, block the Account, or leave the Content if it breaches neither these Terms nor the law.
• Blocking an Account removes the person from all shared Households and prevents them from creating or joining a Household; nobody can join their own Households with a code any more. A blocked Account can still be deleted (section 16).
• If we delete Content or block an Account, we will tell the User concerned by e-mail why and how to appeal. Appeals can be sent to marcin.zmigrodzki@octigo.pl and are reviewed by a person.
• Reporting unlawful content by e-mail (a notice under the EU Digital Services Act): write to marcin.zmigrodzki@octigo.pl, explaining why you consider the content unlawful and where it is (Household, recipe), and giving your name and e-mail address and a statement that the report is made in good faith. We will tell you our decision by e-mail.
• We report child sexual abuse material to the authorities (in Poland, to Dyżurnet.pl and the police).
• The same e-mail address is the point of contact for authorities and Users under the EU Digital Services Act. We communicate in Polish and English.

13. AI-read recipes

• Recipes are read automatically by Google's Gemini model. The result may contain errors: missing or wrongly read ingredients, quantities or units, steps, or tags (for example "vegetarian"). Calculations in the shopping list and the fridge (scaling, merging, rounding) are approximate.
• Before cooking, check the recipe against its source, especially allergens, ingredients you must avoid, and cooking times and temperatures.
• Recipes come from third parties. We do not verify their content or safety, and the App is not dietary or medical advice.

14. Availability and changes to the App

• We do our best to keep the App running, but we cannot guarantee uninterrupted availability. There may be maintenance breaks and outages, including in the Google services the App relies on (Firebase, Gemini, Google Play).
• We develop the App and may change its features. If a change significantly and adversely affects Premium during a paid period, we will tell you in advance; as a consumer, you may then terminate the agreement and receive a proportional refund for the unused period.
• If we decide to discontinue the App, we will tell you at least 30 days in advance, give you time to save a copy of your recipes, and refund the proportional part of any paid, unused Premium period.
• We recommend saving a copy of your recipes from time to time (person icon in "Recipes" › "Save recipes to phone").

15. Complaints

• Send complaints about the App, including its conformity with the agreement, to marcin.zmigrodzki@octigo.pl. Include the e-mail address of your Account and a description of the problem and, if you can, your phone model and the App version.
• We will reply by e-mail within 14 days of receiving the complaint.
• As a consumer, you have statutory rights if the digital service does not conform with the agreement: to have it brought into conformity and, if that is not possible, to a price reduction or to withdraw from the agreement.
• Payment issues (for example a double charge) can also be reported to Google Play.
• Consumers may use out-of-court complaint and redress procedures, such as help from a local consumer ombudsman; in Poland, see uokik.gov.pl.

16. Liability and termination

• We are liable under the applicable law. Nothing in these Terms limits the rights of consumers under mandatory law. Towards Users who are not consumers, to the extent permitted by law, we are not liable for lost profits, and our liability is limited to the amount paid for Premium in the last 12 months.
• We are not responsible for Content added by Users, or for the actions of people to whom you gave your Household code or sign-in details.
• You may terminate the agreement at any time by deleting your Account: in the App ("Plan" › "Delete account") or on the account deletion page. What is deleted is described in the Privacy Policy. Deleting the Account stops the renewal of an active subscription; the current paid period is not refunded, without prejudice to sections 9 and 14. Leaving a Household does not end the agreement.
• We may terminate the agreement for a serious or repeated breach of these Terms, after an unsuccessful request to stop (unless such a request would be pointless, for example in the case of unlawful content), with 14 days' notice sent by e-mail; and when the App is discontinued, as described in section 14.

17. Changes to these Terms

We may change these Terms for important reasons: changes in the law, in the App's features, plans, limits or prices, in the terms of our providers (Google), or for security reasons. We will publish the new version at this address and tell you in the App or by e-mail at least 14 days before it takes effect. If you do not accept the changes, you can delete your Account or cancel the subscription before that date. Changes do not affect a period you have already paid for.

18. Final provisions

• These Terms are governed by Polish law. If you are a consumer in another EU country, this does not deprive you of the protection of the mandatory laws of that country.
• Disputes with consumers are resolved by the court competent under the general rules; disputes with Users who are not consumers, by the court competent for our registered office.
• Google is not a party to these Terms. Google's own terms apply to Google Play and Google sign-in.
• These Terms are available free of charge at this address, where they can be saved and printed.

19. Contact

Octigo sp. z o.o.
ul. Redycka 38/1, 51-169 Wrocław, Poland
KRS 0000360836 · NIP 8951978011
E-mail: marcin.zmigrodzki@octigo.pl