Kearsarge Studios

FamilyRecipes Terms of Service

Effective date: To be set at launch.

Draft — not yet in force. This document is pending founder and outside-counsel review (website launch gate #3) and is not a public, binding agreement until that review is complete and this banner is removed.

These Terms of Service (the "Terms") are a binding agreement between you and Kearsarge Studios LLC ("Kearsarge Studios," "we," "us") governing your use of the FamilyRecipes application and related services (together, the "Service"). Please read them together with the Privacy Policy, which is incorporated into these Terms.

▲ Two things up front. (1) Your recipes are yours — you keep ownership of what you add, and you can export or delete it. (2) These Terms include a binding arbitration agreement and class-action waiver (Section 13) that affect how disputes are resolved; you may opt out within 30 days.

1. Acceptance of these Terms

By downloading, installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility and family use

You must be at least 13 years old to use the Service. If you are under 18, you may use it only with the involvement of a parent or guardian who agrees to these Terms. FamilyRecipes is meant to be shared within a family; if you share recipes with others or invite family members, you are responsible for doing so appropriately and for any content you share.

3. License to use the Service

Subject to these Terms, Kearsarge Studios grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your own personal, non-commercial use. We reserve all rights not expressly granted.

4. Your content

"Your Content" means the recipes, photos, notes, and other material you add to the Service. You keep ownership of Your Content. You grant Kearsarge Studios a limited, worldwide, non-exclusive, royalty-free license to host, store, back up, reproduce, and display Your Content solely to operate the Service for you — for example, to store your recipes, sync them to your devices, and make a recipe available to the specific people you choose to share it with. This license ends when you delete Your Content or your account, except for content you have already shared with others and standard backups that age out.

You are responsible for Your Content and you represent that you have the rights to add and share it. Recipes you import from cookbooks, websites, or other sources may be protected by someone else's copyright (a list of ingredients generally is not protected, but creative text, photos, and original instructions may be). Use the Service for personal recipe-keeping, not to reproduce or distribute others' copyrighted material unlawfully.

5. Sharing

If you share a recipe, the people you share it with can view and, where the feature allows, save their own copy. Once you have shared content, you may not be able to fully recall copies others have saved. Only share content you have the right to share, and only with people you intend to share it with.

6. Acceptable use

You agree not to:

  • add or share content that is unlawful, infringing, or that you do not have the right to use;
  • use the Service to harass others or to upload harmful or malicious code;
  • reverse engineer, decompile, or attempt to extract the source code of the Service, except where that restriction is prohibited by law;
  • scrape, harvest, or systematically extract content or data from the Service, or use it to build a competing product;
  • interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or others' accounts.

7. Recipes, allergens, and food safety

Recipes and any nutrition, dietary, cooking-time, or allergen information in the Service are provided by users and are not reviewed or verified by Kearsarge Studios. They may be inaccurate or incomplete. You are responsible for safe food handling and for checking ingredients and allergens for yourself and anyone you cook for. If you have a food allergy or medical condition, consult a qualified professional — do not rely on the Service.

8. Paid features, billing, and cancellation

Access to your own recipes does not require a subscription. The Service may offer optional paid features. Where you purchase through an app store, that store processes the payment and its terms, pricing, billing, auto-renewal, and refund rules apply in addition to these Terms. Subscriptions renew automatically until cancelled; manage or cancel in your app store account settings. Except where required by law or store policy, payments are non-refundable.

9. Our intellectual property

The Service, including its software, design, and the "FamilyRecipes" and "Kearsarge Studios" names and marks, is owned by or licensed to Kearsarge Studios and protected by intellectual-property laws. These Terms grant you no right to use our names or marks without our prior written permission.

10. Third-party services

The Service relies on third-party providers (for example, for hosting, storage, and email) and may let you import recipes from third-party websites. We do not control and are not responsible for third-party services, websites, or their content and terms.

11. Disclaimer of warranties

The Service and all content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty as to the accuracy or reliability of user-provided content. We do not warrant that the Service will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of liability

To the maximum extent permitted by law, Kearsarge Studios LLC and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of data, profits, or goodwill, arising out of or relating to the Service, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Kearsarge Studios LLC from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

14. Dispute resolution; arbitration and class-action waiver

Please read this section carefully — it affects your legal rights. First, we both agree to try to resolve any dispute informally by contacting hello@kearsargestudios.com and allowing 30 days. If we cannot, you and Kearsarge Studios agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. You and Kearsarge Studios waive any right to a jury trial and to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.

15. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you violate these Terms or if necessary to protect the Service, other users, or comply with law. Sections that by their nature should survive termination (including Sections 4, 9, and 11 through 14, and 16) will survive.

16. Governing law

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 14. Subject to Section 14, the exclusive venue for any matter not subject to arbitration is the state or federal courts located in [COUNTY, STATE], and you consent to their jurisdiction.

17. App store terms

Apple. If you obtained the Service from the Apple App Store, these Terms are between you and Kearsarge Studios only, not Apple. Apple is not responsible for the Service or its content, has no obligation to provide support, and any warranty not effectively disclaimed is our responsibility, not Apple's. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google. If you obtained the Service from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not responsible for the Service.

18. Changes to these Terms

We may update these Terms. If we make a material change, we will update the effective date and, where appropriate, provide additional notice. Continuing to use the Service after a change takes effect means you accept the updated Terms.

19. Contact

Questions about these Terms: hello@kearsargestudios.com, Kearsarge Studios LLC.