Terms of Service

Effective Date: 20.05.2025

App Name: Kale AI
Operator: Margarita.NL
Contact Email: [email protected]
Jurisdiction: Netherlands (EU)

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Kale AI mobile application ("App"), developed and operated by Margarita.NL ("we", "us", "our"). By using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the App.

2. Eligibility

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are 18 years or older and legally capable of entering into a binding agreement under applicable law.

3. Definitions

• "Service" means access to the App and its features.
• "User", "You" refers to any individual accessing the App.
• "Content" means any recipes, text, data, images, or materials generated or presented by the App.
• "Device ID" refers to a non-personal unique identifier associated with your mobile device.

4. Description of the App

Kale AI is an AI-driven application that generates food recipes based on user-provided configurations and preferences. The App may in the future offer user accounts, subscriptions, and additional personalization features.

5. AI-Generated Content – Disclaimer

The recipes provided in the App are generated by artificial intelligence and are not reviewed, verified, or tested by human professionals. We make no representations or warranties regarding their:

• Accuracy
• Safety
• Nutritional value
• Suitability for specific health conditions

Use of the recipes is entirely at your own risk. Always verify ingredient safety and consult appropriate professionals (e.g., medical, dietary) when in doubt.

The use of real-world recipe titles as inspiration for the AI does not constitute a guarantee of the accuracy, safety, or culinary validity of the resulting AI-generated instructions.

5.1. Medical and Nutritional Disclaimer

The Content provided by Kale AI is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

No Doctor-Patient Relationship: Use of this App does not create a professional-client or doctor-patient relationship.

Allergies and Health Conditions: You are solely responsible for cross-referencing AI-generated ingredients with your specific allergies or medical dietary requirements.

Consult a Professional: Always seek the advice of your physician or a qualified health provider with any questions regarding a medical condition or nutritional goals. Never disregard professional medical advice because of something you have read in this App.

6. Accounts and Access

At present, you do not need to register an account to use the App. In the future, we may offer user account functionality. If implemented:

• You must provide accurate and complete information.
• You are responsible for maintaining the confidentiality of your login credentials.
• We reserve the right to suspend or terminate any account for misuse or violation of these Terms.

7. User Conduct

You agree not to:

• Reverse-engineer, copy, or interfere with the App's operation;
• Circumvent any security or usage restrictions;
• Use the App for unlawful purposes;
• Upload, store, or distribute malicious software or harmful content;
• Misrepresent your identity or affiliation.

We reserve the right to suspend your access if you engage in any prohibited conduct.

8. Subscription and Payment Terms

We offer paid subscriptions or features:

• Pricing and terms will be disclosed clearly before any purchase.
• Payment processing will be handled via Google Play or Apple App Store.
• Subscriptions may auto-renew unless canceled.
• You are responsible for managing your subscription through the app store.

Refunds will be subject to the policies of the respective app store.

Free trials convert to paid subscriptions unless cancelled before the trial ends. You can manage or cancel subscriptions in your Apple/Google account settings. Price changes are governed by the app store’s rules and may require your confirmation.

9. Privacy and Data Collection

We are committed to protecting your privacy. Currently, we only collect a device identifier to associate usage data and generated recipes with your device. This data is:

• Used to store and retrieve user-specific content;
• Shared with third-party services like Firebase (analytics) and Sentry (error tracking), only if you provide explicit consent where required.

For more details, refer to our Privacy Policy.

10. Third-Party Services

The App uses third-party tools and services including but not limited to:

• Google Firebase (for analytics and configuration)
• Sentry (for error monitoring)

We are not responsible for the content, accuracy, or practices of any third-party service linked to or integrated within the App. Use of those services is subject to their own terms and privacy policies.

11. Intellectual Property

All trademarks, logos, content, software, and visual elements in the App are the intellectual property of Margarita.NL or its licensors, except for AI-generated recipe content. You may not reproduce, modify, or distribute any part of the App without our express written consent.

12. Limitation of Liability

The App and Content are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud or wilful misconduct, and certain liabilities relating to death or personal injury.

Subject to the foregoing, to the maximum extent permitted by law, Margarita.NL will not be liable for indirect, incidental, special, consequential, or punitive damages. If you have paid fees to us, our total liability will not exceed the amount you paid to us in the 12 months prior to the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold Margarita.NL and its affiliates, employees, and partners harmless from any claims, losses, or damages (including legal fees) arising from:

• Your use or misuse of the App;
• Your violation of these Terms;
• Your breach of any applicable law or third-party rights.

14. Termination

We reserve the right to suspend or terminate your access to the App at any time for:

• Breach of these Terms;
• Abuse of the Service;
• Compliance with legal obligations.

You may discontinue use of the App at any time.

15. Modifications to the Terms

We may update these Terms occasionally. We will notify you via the App or website when changes are made. Continued use of the App after changes are published means you accept the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands, without regard to conflict of laws. Any disputes shall be submitted exclusively to the competent courts of the Netherlands.

17. Contact

If you have questions about these Terms or your use of the App, you can contact us at:
📧 [email protected]