1. Grant of License

Subject to your compliance with this Agreement, the Foodashi Terms of Service, and payment of applicable fees, Foodashi ("Foodashi", "we", "our") grants you ("Developer", "you") a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Foodashi API solely to develop, test, and operate your application ("Developer App").

This license does not convey ownership of the API, its infrastructure, algorithms, or any intellectual property. All rights not expressly granted are reserved by Foodashi.

2. Usage Restrictions

You agree NOT to:

• Sell, resell, rent, lease, or sublicense raw API responses, recipe JSON, or any structured data returned by the API.
• Use the API to build a competing recipe, nutrition, food data, or meal planning service or product.
• Persistently cache, mirror, index, or store API outputs in a manner that bypasses usage limits, creates a derivative database, or reduces the need for future API calls.
• Use the API in high-risk environments where errors, omissions, or inaccuracies in generated content could reasonably cause physical injury, death, environmental harm, or property damage.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, prompts, or system architecture of the API.
• Share, publish, or expose API keys in client-side code, public repositories, forums, or any publicly accessible location.
• Use the API for any purpose that violates the Acceptable Use Policy.
• Exceed the rate limits, request quotas, or other usage restrictions of your subscription tier.
• Circumvent or attempt to circumvent any rate limiting, authentication, or security measures.

5. Availability & Quality Disclaimer

Foodashi targets high availability but does not guarantee uptime, uninterrupted service, or specific response times. The API is provided "as available" and may experience downtime for maintenance, upgrades, infrastructure failures, or causes beyond our reasonable control.

Content quality, taste, authenticity, cultural appropriateness, and culinary merit are subjective and not warranted. Descriptive terms such as "chef-grade," "authentic," "gourmet," or "professional" are marketing expressions and do not constitute guarantees.

Foodashi may modify, deprecate, or remove API endpoints, response fields, or features at any time. We will endeavour to provide at least 60 days' notice before removing or making breaking changes to existing endpoints.

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.

6. Attribution Requirements

If your Developer App displays generated recipes, food data, or nutritional information to end users, you must:

• Visibly attribute the source as "AI-Generated by Foodashi" or "Powered by Foodashi" in a manner that is clearly legible and proximate to the displayed content.
• Include a statement that the content is AI-generated and has not been verified by a professional chef, nutritionist, or food safety expert (unless you have independently conducted such verification).
• Not represent AI-generated content as human-authored, professionally verified, or editorially curated unless you have independently verified and approved every element of the content.

Attribution requirements may be waived for Enterprise plan customers under a separate written agreement.

7. Intellectual Property

The Foodashi platform, API infrastructure, documentation, branding, trade names, logos, and proprietary algorithms are owned by Foodashi. Nothing in this Agreement transfers ownership of Foodashi's 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.

You are solely responsible for conducting appropriate intellectual property due diligence before publishing or commercialising content obtained through the API. Foodashi shall not be liable for any intellectual property infringement claims arising from your use of AI-generated content.

8. Data Handling & Privacy

You agree to comply with all applicable data protection and privacy laws (including GDPR, CCPA/CPRA, UK Data Protection Act 2018, and equivalent legislation) in connection with your use of the API and your Developer App.

• You must not transmit personally identifiable information (PII) of your end users to the Foodashi API unless expressly permitted and covered by a separate Data Processing Agreement.
• You must maintain an appropriate privacy policy for your Developer App that accurately describes how data is collected, processed, and shared, including the use of third-party APIs.
• You are responsible for obtaining all necessary consents from your end users for data processing activities related to your Developer App.

9. Rate Limits & Fair Use

API access is subject to the rate limits and request quotas of your subscription tier. Requests exceeding your plan's limits will receive a 429 Too Many Requests response.

Foodashi reserves the right to throttle, suspend, or terminate access for any account that engages in excessive, abusive, or anomalous usage patterns, even if within stated rate limits, in order to protect platform stability and other users.

10. 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 Developer App or its use by end users.
• Your failure to independently verify API data before use or presentation to end users.
• Any allergic reaction, adverse health event, food poisoning, injury, or death claimed to result from reliance on data obtained through the API.
• Your failure to implement adequate warnings, disclaimers, or verification measures regarding food allergens, nutritional data, or food safety information.
• Your failure to comply with applicable food labeling, consumer protection, advertising, data privacy, or AI transparency laws in any jurisdiction where you or your end users operate.
• Any intellectual property infringement claim arising from your use or distribution of AI-generated content.
• Your violation of this Agreement, the Terms of Service, or any applicable law or regulation.

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.
• Foodashi's total aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars ($100), whichever is greater.
• 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 API.

Nothing in this Agreement 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. Termination

Foodashi will provide at least 30 days' written notice before terminating API access without cause for users on a paid plan. Foodashi may suspend or terminate your API access immediately if you breach this Agreement, the Terms of Service, or the Acceptable Use Policy. You may terminate by cancelling your subscription via the Developer Console.

Upon termination: (a) your API keys will be deactivated; (b) your license to use the API is immediately revoked; (c) you must cease all use of API data in your Developer App within thirty (30) days; (d) cached API responses must be deleted within thirty (30) days.

Sections 3, 4, 7, 10, 11, and 13 survive termination of this Agreement.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, earthquakes, nuclear incidents, internet or telecommunications failures, cyberattacks, power outages, failures or delays by cloud infrastructure providers (including Cloudflare, Supabase, and Stripe), failures or changes in third-party AI model providers (including Google Gemini and DeepInfra), or changes in applicable law or regulation.

If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate this Agreement by providing written notice to the other party, without liability for such termination.

14. General Provisions

• Entire Agreement: This Agreement, together with the Terms of Service, Privacy Policy, Refund Policy, and Acceptable Use Policy, constitutes the entire agreement between you and Foodashi regarding your use of the API.
• Governing Law: This Agreement is governed by the laws of Hungary. 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. Hungarian consumers may also contact the Budapest Arbitration Board (Budapesti Bekelteto Testulet) for alternative dispute resolution.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force and effect.
• Amendments: Foodashi may update this Agreement. We will provide at least 30 days' advance notice of material changes via email or Developer Console 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 API after the effective date constitutes acceptance.
• Contact: For questions about this Agreement, contact [email protected]