General Terms and Conditions of Sale (Services)

BETWEEN
MAADINFO SERVICES, a limited liability company with capital of 5,000 euros, having its registered office at 2 Allée des Ormeaux in Grasse (06130), registered in the Grasse Trade and Companies Register under number 788 421 311, whose contact details are as follows: Tel: +334 93 77 60 56 - Email carine.adam@maadinfoservices.com, represented by Mrs Carine ADAM, in her capacity as Manager, duly authorised for the purposes hereof;

Hereinafter referred to as the "Provider",

AND
Any individual or professional User using the Provider's Service and placing an order with it under the conditions specified below;

Hereinafter referred to as the "User",

Hereinafter collectively referred to as the "Parties",


******


The following terms and conditions are set out below;

Preamble

These general terms and conditions of sale have been drawn up in accordance with articles L111-1 to L111-8 of the French Consumer Code and articles L441-1 and L441-2 of the French Commercial Code. Their purpose is to govern the commercial relationship between the Provider and the User and to determine the rights and obligations of the Parties to this contract.

The User declares that he/she is legally capable of entering into this Contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she is of legal age and not under guardianship or trusteeship.

Any order for Services implies the User's unreserved acceptance of these General Terms and Conditions of Sale. None of the clauses appearing on order forms or in correspondence initiated by the User may therefore derogate from them, unless otherwise agreed in writing between the Parties.

These general terms and conditions of sale may be supplemented by specific general terms and conditions in accordance with the conditions laid down by the regulations in force.

It is also agreed that these general terms and conditions of sale may be modified at the Provider's initiative, without prior notice. It is therefore the User's responsibility to regularly consult these general terms and conditions of sale in order to be informed of any changes and/or amendments that may be made.

The User also undertakes to ensure that all its employees, servants and agents comply with these general terms and conditions of sale.

This having been said, the following is agreed;

ARTICLE 1 – Definitions

  • "Account": refers to the space created by the User for the purpose of using the Service;
  • "User": refers to an individual of full age or a minor who has obtained prior authorisation from his/her parents or the person with parental authority and who is accessing the Platform for his/her own needs for strictly personal use;
  • "Content" means any information, text, graphics, links (URLS), images, videos, sounds or any uploaded or downloaded material appearing on or retrieved from the Service;
  • "Third Party Service": refers to all services other than the one providing content;
  • "Site": refers to the COOKmate Online website (www.cookmate.online);
  • "Mobile Applications" means the applications COOKmate - My recipe organizer and COOKmate Pro available on Android, COOKmate - My Recipe Organizer and My CookBook (Recipe Manager) available on iOS, and COOKmate - My personal recipe organizer available on Skill Alexa.

ARTICLE 2 - Service offering

The Provider is a specialist in the fields of IT, design, development, consultancy and programming.

It has a good command of computer programming.

The Provider offers the User a Service called COOKmate that enables the User to import, organise and optimise the discovery of content by offering search tools, the ability to filter content from specific sources and then to reorganise this content into an online recipe book that brings together all the imported content.

The Service displays Content as determined by the following:
  1. Content selected or extracted from Third Party Services in accordance with your selection criteria and formatted by COOKmate;
  2. Any other Content made available by COOKmate. The Service determines the location and ordering of such Content.

For more details on the Service and how it works, the User should refer to the dedicated support pages.

The Service can be accessed either from the www.cookmate.online website or via one of the mobile applications.

Two types of account are available to access the Service:

- Free Accounts
  • Limited to sixty (60) recipes;
  • Limited to one (1) shopping list;
  • With advertising.
- Premium Account
  • Unlimited recipes (*);
  • Unlimited shopping lists (*);
  • Unlimited imports;
  • No advertising;
  • Functionality allowing you to recalculate the ingredients of your recipes;
  • Add recipe ingredients to a shopping list.

(*) For security reasons, the Premium account is currently limited to 20,000 recipes and 10,000 shopping lists. If the User requires more recipes or shopping lists, they must contact the Provider.

It is possible to increase the number of recipes and shopping lists free of charge by the following means:
  • Inviting/sponsoring one (1) to five (5) friends to register on COOKmate Online:
    • 5 recipes and 1 shopping list per friend.
Some COOKmate features require credits to use:
  • Cook with ChatGPT: This feature allows you to create a recipe with our AI Chef. It requires 1 credit for each recipe generated;
  • Generate an image for a recipe with OpenAI: This feature requires 5 credits for each image generated.
Users automatically receive free credits on the 1st of each month. These credits expire at the end of the month, so it's important to use them before they disappear.
The number of credits varies according to the User concerned:
  • Free Users: 5 credits per month;
  • Premium Users: 200 credits per month.
COOKmate uses the OpenAI APIs to generate recipes and images. The OpenAI APIs are subject to the OpenAI Terms of Service, available at https://openai.com/terms .


By using the COOKmate "Cook with ChatGPT" service, the User accepts the following conditions:
  • The User acknowledges that ChatGPT and the OpenAI APIs are vast language models still under development. As such, this may generate inaccurate, incomplete or offensive recipes and images;
  • The User agrees to use OpenAI responsibly. This includes not using it to generate recipes and images that are harmful, discriminatory or illegal;
  • The User understands that COOKmate is not responsible for the content of the recipes and images generated by ChatGPT.
COOKmate reserves the right to modify or discontinue the OpenAI features at any time.

ARTICLE 3 - Access to the Service

The Provider endeavours to offer permanent access to the Service, i.e. 24 hours a day, 7 days a week. However, access to the Service may be suspended at any time and without notice, in particular due to breakdowns, failures or paralysis of the independent network, system and/or means of communication beyond its control, as well as due to maintenance and correction work made necessary by the updating and proper functioning of the Service.

The Service may involve the use of feeds, links, content and other data from Third Party Services. Any use of such data is subject to the terms and conditions of use of these Third Party Services, which are the sole responsibility of the User.

The User undertakes not to hinder access to the Service and/or the proper functioning of the Service in any way that could damage, intercept or interfere with all or part of the Service. You are reminded that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitute offences punishable by criminal penalties.

The Provider may not be held liable for any direct or indirect damage due to an interruption, malfunction of any kind whatsoever, suspension or stoppage of the Service, for any reason whatsoever, or for any direct or indirect damage resulting in any way from access to the Service.

Users of the Service acknowledge that they have the skills and resources required to access and use the Service. The communication protocols used are those in use on the Internet.

The Provider may not be held liable for factors beyond its control or for any damage that may be caused to the User's technical environment and in particular to his/her computers, software, network equipment and any other equipment used to access or use the Service.

ARTICLE 4 - Registration for the Service

In order to use the Service, the User must follow the instructions on the Service, in particular by completing an online registration form.

During the registration procedure, the User expressly undertakes to provide accurate, complete and up-to-date information, including information that Third Party Services require in order to provide you with their services.

As the Provider is not in a position to check the accuracy or truthfulness of the information provided by the User, the registration data is provided under the User's sole responsibility. Nevertheless, the Provider reserves the right to check the information provided by the User.

In the event that the User provides false, inaccurate, erroneous, out-of-date or incomplete information, the Provider shall be entitled to refuse access to all or part of the Service, and to suspend or terminate the account, without notice or formality.

Identifiers are strictly personal and confidential and must not be communicated or shared with third parties.

The User shall be solely responsible for the storage and use of his/her login details, or for any actions or declarations made via his/her account, whether fraudulent or not. The User guarantees the Provider against any claim in this respect.

Furthermore, the Provider does not have the means to ensure the identity of persons accessing the Service, and cannot therefore be held liable. If the User has reason to believe that someone is using his/her login details or account, he/she must inform the Provider immediately.

If the User so wishes, they may delete their Profile. To do so, they are invited to write directly to the Provider's team at carine.adam@maadinfoservices.com.

The User undertakes not to use the information and accounts of other users to access COOKmate without formal authorisation

ARTICLE 5 - Use of the Service

The User undertakes to use the Service exclusively for personal purposes. He undertakes not to misuse the Service. The use of the Service for other purposes, as well as the use or provision of the Service to third parties, whether free of charge or in return for payment, and the marketing of the Service are strictly prohibited.

The User is responsible for the proper use of the Service, in compliance with applicable law and the rights of third parties, and for any direct or indirect damage, material or immaterial, caused to the Provider, by himself or by the persons for whom he is responsible, as a result of the use of the Service.

The User undertakes to indemnify the Provider against all claims, demands or actions which the Provider may be subject to as a result of the User's actions, and in this respect, the User shall indemnify the Provider against all costs, charges, indemnities and expenses which the Provider may incur as a result of the User's actions, including the fees and expenses of the Provider's advisers, including in the event of a non-final court decision.

ARTICLE 6 - Ordering the Service

It is the User's responsibility to select the account (Free or Premium) to which they wish to subscribe on the www.cookmate.online website or via the mobile applications mentioned in article 1.
The free account can be accessed by the User once they have registered, without them having to pay any money.
Access to the premium account requires a subscription from the User as follows:
  • Register and log in to your premium account;
  • Choose the type of subscription (1 month, 3 months or 1 year);
  • Enter your contact details;
  • Click on "Proceed to payment";
  • Accept these terms and conditions of sale.

Service offers are valid as long as they are visible on the website or mobile applications, subject to availability.

Save in exceptional circumstances, a subscription will only be considered definitive once confirmation of acceptance of the order has been sent to the User by e-mail by the Provider and once the full price has been received by the Provider.

The Provider reserves the right to cancel or refuse any order from a User with whom there is a dispute relating to the payment of a previous order.

The User may track the progress of his/her order on the www.cookmate.online website or on the mobile applications.

The Provider reserves the right to refuse orders for large quantities of the same Service.

ARTICLE 7 - Characteristics of the prices charged

The prices of the services are those exhaustively described on the www.cookmate.online website or the mobile applications on the date of the order, i.e. :
  • 1.99 euros or 1.99 USD per month ;
  • 6 euros or 6 USD per quarter (3 months); or
  • 20 euros or 20 USD per year.

Taxes may be added depending on the User’s country.

If the User subscribes to the COOKmate Online Premium account, the User agrees to pay all fees and charges, including any applicable taxes, when due.

All prices are quoted in Euro or USD.

COOKmate may add other products and features at any time at its sole discretion. The User is of course free to subscribe or not to these new products and features.

The Provider reserves the right to modify its prices at any time, without prior notice, it being understood, however, that the price indicated on the site on the day of the order will be the only price applicable to the User.

ARTICLE 8 – Terms of payment

Subscriptions to the COOKmate Online Premium account are payable in advance and no refund will be made for any reason whatsoever.

Partially expired subscription periods cannot be refunded pro rata temporis, nor can they be re-credited.

When the subscription to the COOKmate Online Premium account expires, the User switches to a free account with the associated limitations. Recipes and shopping lists that exceed the limits will not be deleted but will no longer be accessible. The User will be able to access them again by re-subscribing.

Payments will be made at the User’s choice by credit card on the www.cookmate.online website or mobile applications, by bank transfer or PayPal.

The amount of the Service must be paid in full in a single instalment on the day the order is placed.

The bank cards accepted by the Provider are those most commonly used (Carte Bleue, Visa, MasterCard and American Express, issued by a banking institution). The User's provision of his/her bank card details constitutes authorisation to debit his/her account up to the amount of the order. All transmission of payment-related information takes place in a secure context, using the protocols in force specific to the server of the payment Provider chosen by the Provider.

Once payment has been accepted, orders will be validated and processed by the relevant banking centres (for payments by Visa, Eurocard or Mastercard).

The User guarantees the Provider that he/she has the necessary authorisations to use the method of payment chosen for his/her order at the time the order is placed.

An invoice is issued by the Provider and given to the User upon receipt of payment.

ARTICLE 9 - Right of withdrawal for the individual Buyer

In accordance with Article L. 221-18 of the French Consumer Code, the consumer who enters into an off-premises contract has a withdrawal period of fourteen (14) days from the conclusion of the Contract.

To exercise their right of withdrawal, Users have fourteen (14) days to notify the Provider of their intention to withdraw by completing and sending the withdrawal form provided for this purpose or any other unambiguous statement expressing their wish to withdraw, by letter sent by post (ordinary or registered), fax or e-mail to the Provider's addres.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Service ordered will be reimbursed.

The sums actually paid by the User will be reimbursed within a maximum period of one (1) month at the latest from receipt by the Provider of notification of the User's withdrawal.

However, pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised in respect of the supply of goods made to the consumer's specifications or clearly personalised, as well as the supply of digital content without material support, the performance of which began before the end of the withdrawal period.

ARTICLE 10 - Liability of the Provider - Guarantee

Generally speaking, the User acknowledges that use of the Service is his/her sole responsibility.

As the Service contains links to websites, advertisers, the Service, special offers or other events or activities of third parties which are not owned or controlled by the Provider, the Provider does not recommend or assume any responsibility for such third party sites, information, resources, products or services.

If the User accesses any third party site, service or content from COOKmate Online, the User does so at the User's own risk and agrees that MAADINFO SERVICES assumes no responsibility or liability arising from the User's use of or access to any third party site, service or content.

The Provider cannot be held liable for any technical failure of the equipment or any misuse of the training module(s) by the User.

The Provider shall not be held liable for the User's failure to comply with the regulations in force in France.

The Provider shall not be liable in the event of failure or delay in the provision of the Service ordered as a result of force majeure.

It is agreed that the Provider may only be held liable for direct and foreseeable damage resulting from an order. Indirect damage suffered by the User, such as loss of data or file(s), operating loss, commercial loss, loss of earnings, damage to image or reputation, shall not be compensated. Under no circumstances will it be liable for any damage caused by the User's failure to fulfil his or her obligations.

In any event, the Provider's liability is limited to the amount of the price paid by the User for the service in question.

ARTICLE 11 - Confidentialitý

In the context of the present, all information is confidential and covers all information or data communicated by the Parties in writing or orally.

The Parties naturally undertake to:
  • treat confidential information with the same degree of protection as they accord to their own confidential information of the same importance;
  • to keep the information confidential and not to disclose it or allow it to be disclosed directly or indirectly to any third party;
  • not to infringe, in any way, the property rights relating to the confidential information;
  • to ensure that the Confidential Information is not copied, reproduced or duplicated, in whole or in part, where such copying, reproduction or duplication is not directly related to the performance of these terms and conditions.

However, confidential information does not include information for which the Provider can provide written proof that it was in the public domain at the time it was communicated or which subsequently fell into the public domain through no fault of the Provider. In either case, the Provider will be released from the obligation of confidentiality only in respect of information disclosed to the public and from the date of such disclosure.

ARTICLE 12 - Personal data

The purpose of the personal data communicated to the Provider by the User is the proper execution of orders, the management of its relations with its partners, the improvement of the quality of the Service offered, and/or to enable the User to benefit from certain commercial offers. The User hereby consents to the use of his/her data by the Provider for the aforementioned purposes. In accordance with the applicable regulations on the protection of personal data, the User has the right to access, rectify, delete and object to any personal data concerning him or her, which he or she may exercise by writing to the Provider's registered office at 2 Allée des Ormeaux in Grasse (06130).

Any information, in particular a copy of the personal data collected or generated prior to, during or following this processing, may be communicated to persons exercising their right of access. A copy of the nominative data is delivered free of charge to the User, provided that such a request is not manifestly abusive, in particular by its repetitive or systematic nature. The User may exercise his/her right to access, rectify or delete the data collected or object to this data being used for canvassing purposes, in particular commercial canvassing, under the conditions set out in amended law 78-17 of 6 January 1978 relating to "information technology, files and civil liberties" by making a request directly to the Provider.

Information relating to all orders is stored and archived for a maximum period of 3 years and may be used as evidence in the event of a dispute.

The Provider informs the User that in order to exercise his/her rights, he/she may contact the CNIL at the following address: CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

ARTICLE 13 - Intellectual property rights

The content of the www.cookmate.online website or mobile applications (photographs, presentations, studies, drawings, models, prototypes, etc.), excluding content provided by Users, is the property of the Provider and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the User a licence to any intellectual property rights whatsoever.

All other trademarks mentioned on the Site or in the Service are and remain the property of their respective owners.

ARTICLE 14 - References

The User authorises the Provider to mention the User's name or company name and, where appropriate, to include the User's logo in its commercial documents, as a reference for the purposes of the Provider's commercial promotion.

ARTICLE 15 - Force majeure

The performance of the Provider's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent performance thereof. The Provider shall notify the User of the occurrence of such an event as soon as possible.

The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

ARTICLE 16 - Nullity and modification of the contract

Should any of the stipulations of this contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the Parties.

Any contractual amendment is only valid with the express agreement of the Provider.

ARTICLE 17 - Termination

Either party may terminate the Service at any time.

The Provider may also terminate or suspend the User's access to the Service at any time, without notice or liability, if the User fails to comply with the terms or conditions of use.

In the event of termination, the User's right to use or access the Service will cease immediately.

All provisions of the general terms and conditions of sale and use which, by their nature, must survive termination will continue to apply, including, without limitation, intellectual property provisions, warranty exclusions and limitations of liability.

Article 18 - Complaints

The User is hereby informed that the Provider is extremely keen to maintain high-quality relations with the User and to constantly improve its services.

The Provider has therefore set up a process for handling User complaints. All complaints must be sent to the Provider by e-mail or registered post with acknowledgement of receipt. The Provider undertakes to reply to the User within 48 hours.

ARTICLE 19 - Applicable law and jurisdiction

French law alone is applicable to these general terms and conditions of sale and to all the services referred to herein.

In the event of a dispute arising in connection with the contract, any dispute relating to its interpretation, performance or validity, and possibly after an attempt has been made to find an amicable solution, will be subject to the exclusive jurisdiction of the competent French courts at the location of the Provider's registered office, regardless of where the service is provided.

For all practical purposes, the User may have recourse to a conventional mediation procedure or any other alternative dispute resolution method, in particular by having recourse, free of charge, within a period of one year from the date of his/her complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code.
The User may thus contact the consumer mediator, either electronically at www.anm-conso.com, or by post to the attention of ANM-CONSO, 62 rue Tiquetonne - 75002 Paris.

ARTICLE 20 - Acceptance of the General Terms and Conditions of Sale

The User must have read these general terms and conditions of sale before placing his order and validating his online contract and, consequently, is deemed to have accepted them in their entirety and without reservation.

The provisions of these general terms and conditions of sale may not be modified by stipulations to the contrary without the express written agreement of the Provider.

The Provider reserves the right to amend, update or correct these general terms and conditions of sale if necessary, in order to take account of changes in legislation, regulations, case law and/or technical developments.

These general terms and conditions of sale are deemed to have been read, understood and accepted in their entirety by the User.


(General terms and conditions of sale as at 29 November 2023)