These terms and conditions apply to both the GestureCook app (hereby referred to as the "Application") for mobile devices and the GestureCook website (hereby referred to as the "Website"), collectively referred to as the "Services", created by Silvan Metzker (hereby referred to as the "Service Provider") as a Commercial service.
By accessing or using the Services, you agree to these terms and conditions. It is strongly advised that you thoroughly read and understand these terms prior to using the Application or the Website. Unauthorized copying, modification of the Services, any part of the Services, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Services into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Services remain the property of the Service Provider.
The Service Provider reserves the right to modify the Services or charge for their use at any time and for any reason. Any charges will be clearly communicated to you.
The Services may store and process personal data you have provided in order to provide the Services. You are responsible for maintaining the security of your devices and access to the Services. The Service Provider strongly advises against jailbreaking or rooting your phone, as this may compromise the Application's functionality and security.
Website-Specific Terms
When using the Website, additional considerations may apply, including:
E-commerce and Payments
If the Services involve e-commerce functionalities (such as purchasing recipes or subscriptions), these terms apply:
User-Generated Content
By uploading any content (recipes, images, etc.) to the Services, you represent and warrant that you have the necessary rights and permissions to share such content. You retain ownership of any intellectual property rights in the content you upload. However, by uploading content, you grant the Service Provider a non-exclusive, royalty-free, worldwide license to use, distribute, modify, display, and perform the content for the purposes of operating and improving the Services.
Users are prohibited from uploading content that infringes on any third-party rights, including copyright, trademark, or privacy rights, or that contains offensive, defamatory, or illegal material. The Service Provider reserves the right to remove any content that violates these terms or is otherwise deemed inappropriate.
You are solely responsible for the content you upload, and the Service Provider is not liable for any misuse or unauthorized use of such content by third parties.
Privacy and Data Collection
The Services collect and process certain personal data as described in our Privacy Policy. This includes information gathered through the Application and Website, such as analytics data, cookies, and content you provide. By using the Services, you consent to this data collection.
Mobile Network Usage
Some functions of the Application require an active internet connection. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
Device and Battery Responsibility
The Service Provider is not responsible for the condition of your device (such as battery life) or its functionality. You are responsible for ensuring that your device remains charged and functional in order to access the Services.
Accessibility
The Service Provider is committed to ensuring that the Services are accessible to users with disabilities. The Website follows the Web Content Accessibility Guidelines (WCAG) to the best of our ability. If you encounter accessibility barriers, please contact us.
Jurisdiction and Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the country in which the Service Provider is located. Any disputes arising from the use of the Services will be resolved under the exclusive jurisdiction of the courts of that country.
Changes to These Terms and Conditions
The Service Provider may periodically update these Terms and Conditions. You are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2024-09-12.
Contact Us
If you have any questions or suggestions about these Terms and Conditions, please contact the Service Provider at [email protected].