1. Binding Agreement

By accessing or using the Foodashi website, API, developer tools, documentation, or any related services (collectively, the "Services") provided by Foodashi ("Foodashi", "we", "our", "us"), you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

You must be at least 16 years of age to use the Services. If you are under 18, you represent that you have your parent's or legal guardian's consent.

If you do not agree to these Terms, you must not access or use the Services. We reserve the right to update these Terms. We will provide at least 30 days' advance notice of material changes via email or in-app notification. If you do not agree to the revised Terms, you may terminate your account before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

2. Service Description

Foodashi provides a programmatic API that returns food-related data, including recipes, ingredient lists, nutritional estimates, allergen indicators, cooking instructions, and food imagery. Content is generated, curated, or augmented using artificial intelligence ("AI") systems, automated processes, and third-party data sources.

Foodashi is an informational tool only. It is not a food manufacturer, food distributor, healthcare provider, nutritional authority, medical device, or dietary advisory service.

6. Marketing Language

Descriptive terms used in marketing materials, API responses, or documentation — such as "chef-grade," "authentic," "perfect," "gourmet," "professional," or "high-quality" — are non-binding marketing expressions and do not constitute warranties, guarantees, or representations of any kind.

7. Accounts & API Keys

You are responsible for maintaining the confidentiality of your account credentials and API keys. You must not share, publish, or expose API keys in client-side code, public repositories, or any publicly accessible location.

You are liable for all activity conducted through your account and API keys, whether authorised or not. Foodashi reserves the right to suspend or terminate accounts that violate these Terms, exhibit abusive behaviour, or pose a security risk.

8. Payments, Billing & Refunds

Paid plans are billed on a recurring basis (monthly or yearly) via Stripe. By subscribing, you authorise recurring charges to your payment method. All prices are displayed in United States Dollars (USD). Your bank or payment provider may apply currency conversion fees. Applicable taxes (including VAT where required) will be calculated and displayed at checkout.

By subscribing, you request and consent to immediate performance of the digital service, and acknowledge that your right of withdrawal is reduced proportionally to the service already consumed, as permitted by Article 14(3) of Directive 2011/83/EU.

Refunds are provided in accordance with our Refund & Cancellation Policy:

• Within 24 hours of any charge: full automatic refund + immediate termination.
• Days 2–14 after a charge: pro-rata refund for unused days + immediate termination (EU/UK consumer right of withdrawal).
• After 14 days: cancel at end of billing period, no refund.

Access is provided to the Service infrastructure, not to guaranteed outputs, uptime, or specific content quality. Fees are for API access, not for the accuracy of generated data.

9. Intellectual Property

The Foodashi platform, API infrastructure, documentation, branding, and proprietary algorithms are owned by Foodashi. Nothing in these Terms transfers ownership of our intellectual property to you.

AI-generated recipes, text, and imagery returned by the API may not be eligible for copyright protection under applicable law. Foodashi does not claim copyright ownership over AI-generated outputs and makes no representation regarding the intellectual property status of such content, including whether it may inadvertently resemble existing copyrighted works.

You are solely responsible for conducting appropriate intellectual property due diligence before publishing or commercialising content obtained through the API. If you believe API content infringes your copyright, contact [email protected].

9b. Data Ownership

• Your Data: You retain all ownership rights in data you submit to Foodashi (account information, API queries, preferences, saved configurations). We do not claim ownership over your data.
• Foodashi Data: Foodashi retains all rights in the recipe database, nutrition data, ingredient data, AI-generated content, algorithms, models, and all data returned through the API. You may not claim ownership over raw API outputs.
• License to Process: By using the Services, you grant Foodashi a limited, non-exclusive license to process your submitted data solely for the purpose of providing and improving the Services, as further described in our Privacy Policy.
• Aggregated Data: Foodashi may use anonymised, aggregated usage data (not personally identifiable) to improve the Services, develop new features, and generate industry insights.

10. Disclaimer of Warranties

READ CAREFULLY

THE SERVICES, API, AND ALL CONTENT (INCLUDING RECIPES, NUTRITIONAL DATA, ALLERGEN INFORMATION, AND FOOD IMAGERY) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FOODASHI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SAFETY, AND SUITABILITY FOR CONSUMPTION. FOODASHI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Nothing in this section affects your statutory conformity rights as a consumer under Directive (EU) 2019/770 (Digital Content Directive) or applicable national law implementing it. Where mandatory consumer protection law provides rights that cannot be excluded or limited, those rights are preserved in full.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Foodashi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of whether Foodashi has been advised of the possibility of such damages.
• Foodashi's total aggregate liability arising out of or related to these Terms or the Services shall not exceed the greater of (a) the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).
• Foodashi specifically disclaims any liability for allergic reactions, food poisoning, adverse health events, injuries, nutritional harm, or death resulting from the use of or reliance on data provided through the Services.

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by applicable mandatory law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Foodashi, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services or presentation of API data to end users.
• Your failure to implement adequate warnings, disclaimers, or verification measures regarding food allergens, nutritional data, or food safety information.
• Any allergic reaction, adverse health event, or injury claimed to result from reliance on data obtained through the API where you failed to independently verify such data or provide adequate warnings to end users.
• Your failure to comply with applicable food safety, allergen labeling, consumer protection, or data privacy laws in any jurisdiction where you operate.
• Your violation of these Terms or any applicable law or regulation.
• Any content, applications, or services you create using the API.

This indemnification obligation applies to the extent permitted by applicable law. It does not apply to consumers where prohibited by mandatory consumer protection legislation, including EU Directive 93/13/EEC on unfair contract terms.

13. Force Majeure

Neither party shall be liable for failure or delay in performing obligations where caused by circumstances beyond reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, government actions or sanctions, failure of third-party cloud infrastructure (including Cloudflare, Supabase, Stripe, or AI model providers), internet backbone failures, cyberattacks, power outages, and changes in law or regulation.

If a force majeure event continues for more than sixty (60) days, either party may terminate without liability.

14. Termination

Either party may terminate at any time. You may cancel your subscription via the Developer Console. Foodashi will provide at least 30 days' written notice before terminating access without cause for users on a paid plan. Foodashi may suspend or terminate your access immediately if you breach these Terms, engage in abusive behaviour, or pose a risk to the security or integrity of the Services.

Upon termination, your API keys will be deactivated and your access to paid features will cease. Sections 3–6, 9–13, and 15–16 survive termination.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to conflict of law provisions.

Any disputes shall first be attempted to be resolved through good-faith negotiation for a period of thirty (30) days. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts of Budapest, Hungary.

EU consumers retain the right to bring proceedings in their country of residence under applicable consumer protection laws. Nothing in these Terms affects statutory consumer rights that cannot be waived by contract.

In accordance with Regulation (EU) No 524/2013, consumers in the EU may submit complaints via the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. General Provisions

• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Entire Agreement: These Terms, together with the Privacy Policy, Refund Policy, API License Agreement, and Acceptable Use Policy, constitute the entire agreement between you and Foodashi.
• No Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without Foodashi's written consent. Foodashi may assign its rights freely in connection with a merger, acquisition, or sale of assets.
• Contact: For legal inquiries, contact [email protected]