TERMS & CONDITIONS FOR OH, A POTATO!

These Terms of Use are a binding contract between THE ZERO-WASTE COMPANY SRL, Registration Code: 47967009, Bobalna Str. 13, Targu Mures, 540006, Romania ("THE ZERO-WASTE COMPANY SRL") and you ("You"; "User"). For more information about ZERO-WASTE COMPANY SRL see the disclaimer on our website https://ohapotato.app.

You can use the "OH, a potato!" App (the "App") only in accordance with these Terms of Use. These Terms of Use replace all previous contracts between the parties concerning the App. In addition to the Terms of Use, the Terms and Conditions for the distribution platform used to download the App (the Apple App Store) apply, in particular regarding the way contracts are concluded in the case of in app purchases. In case of contradictions, the provisions of these Terms of Use take precedence. The provider of the respective app store is not a party to the contract regarding the use of the app and is not liable for any defects, damages or infringements of third party rights. However, in the event of a defect, you may be able to declare your rescission of a contract and submit a claim for a refund directly to the provider of the app store.

Subject of agreement

1.1 The App offers recipe mangement, AI generated recipes, AI assisted web browsing, ingredient management, shopping list and, household sharing using iCloud. The precise system requirements and the full scope of functions of the App are found in the product description on the distribution platform used to download the App (hereinafter the "App Store"). The Services allow the entry and retrieval of content via a website.

1.2 The App is provided free of charge in the object code. The source code of the App is not the subject of this agreement.

1.3 App usage requires a paid subscription. Details are shown within the App. Paying users are subject to specific provisions within these Terms of Use.

1.4 THE ZERO-WASTE COMPANY SRL reserves the right to provide further extended functions beyond those specified above. This may be implemented through additional content within the app or through the in-App purchasing option of the corresponding App Store. The price and scope of functions of the corresponding in-App purchases is shown always in the offer shown in the App.

1.5 THE ZERO-WASTE COMPANY SRL can provide updates for this App free of charge in the respective App Store, which change the scope of functions of the App. The exact system requirements and the complete scope of functions of such updates and the updated version of the App can be found in the product and update description in the corresponding App Store.

1.6 These Terms of Use apply correspondingly to all in-App purchases and updates and to the latest updated version of the App acquired in the process of in-App purchase and/or update.

1.7 In order for the App to be able to save your ingredients, recipes, meal plans, shopping list and to share it with other members of your household, it needs access to your Apple iCloud account (the one registered to your device). Access to iCloud is enabled by default and can be turned off via the device settings application. If iCloud access is not enabled then you are only able to save ingredients, recipes, meal plans, shopping list items on your device and, if you later delete the App then all your data will also get deleted.

Contract conclusion; optional registration

2.1 The contract for use of the App including the granting of the rights of use to the App comes into existence once the user clicks on the "install" button (may be called differently depending on the App Store) on the product description page in the corresponding App Store and enters his/her password for that App Store; the T&C of the corresponding App Store apply to further details, if pertinent.

Rights and duties of the user

3.1 The App stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.

3.2 THE ZERO-WASTE COMPANY SRL grants the user a world-wide, non-exclusive (simple), non-transferable, non-sublicensable right to use the App including any documents and user manuals found in the App for private purposes and save and display within the scope necessary for use in accordance with regulations and contract, and share exclusively by using the App functions intended for this purpose with other users or through other supported social networks. This right is permanent for the App and THE ZERO-WASTE COMPANY SRL's own content and time limited for the period of the contract. The user may download and use the App exclusively on devices that are linked to the App Store ID used for the installation. All rights that are not expressly granted, especially the right to process, disseminate and/or otherwise exploit the App and the community content remain reserved.

3.3 The user may not decompile the App or otherwise reverse engineer it or try to find out the source code. An exception to this are actions that are necessary to obtain interface information required to ensure interoperability of the App with third-party software; this requires that the user has previously made unsuccessful attempts to find out such information from THE ZERO-WASTE COMPANY SRL in exchange for an appropriate compensation of expenditures. Interface information obtained in this manner may only be used for establishing interoperability, and may not be published, and may only be provided to third parties in the scope necessary for establishing such interoperability.

3.4 You are not allowed to add content that violates applicable laws or copyrights or personality rights of third parties or that could significantly disrupt the open and friendly environment in the App. In particular, you are not allowed to add any content that is abusive, defamatory, obscene, sexist, pornographic, political or extremist religious, violent, harmful to minors or otherwise illegal or unsuitable for an unrestricted circle of users. In addition, you may only add content that you have either created yourself or received permission to use from the author or any other disclosed people. You may not take content from other platforms or other sources without request and add it to the community under any circumstances.

Rights and duties of THE ZERO-WASTE COMPANY SRL

4.1 THE ZERO-WASTE COMPANY SRL provides the App for download through the App Stores.

4.2 THE ZERO-WASTE COMPANY SRL provides the functions for the App with the average availability rate of 95% a year. The availability calculation does not include the planned maintenance times within reasonable scope. THE ZERO-WASTE COMPANY SRL will make an effort, within an economically viable scope, to inform about the planned maintenance times in a suitable location on the community platform ahead of time and to perform such maintenance work outside of the usage peak times.

4.3 THE ZERO-WASTE COMPANY SRL can change the content available through the App at its own discretion at any time. There is no entitlement to initial or continued access to specific content. The provisions on the Premium Account remain unaffected.

Specific provisions for the Premium Account

5.1 Paid activation of the Premium Account is required in order to use the functionality of the App. The functionality available to Premium Accounts is as follows: Save ingredients on device and on User's iCloud (if enabled), Save User's personal recipes on device and on User's iCloud (if enabled), Save User's meal plans on device and on User's iCloud (if enabled), Save User's shopping list items on device and on User's iCloud (if enabled), Search through User's saved recipes, Request PotatoGPT to search and display recipes from the web(Beta version), Generate maximum 100 PotatoGPT recipes per month, each full PotatoGPT recipe generation counts to this limit, once the User generates 100 PotatoGPT recipes (regardless is the User saves the recipe or not) the User will no longer be able to generate more PotatoGPT for the calendar month. The 100 PotatoGPT usage limit will refresh every caledar month for the duration of the contract. Share all saved data with your household (up to 50 members). The specific characteristics of the Premium Account, in particular price, term, and the features included in the Premium Account are displayed within the App. Any stated prices include VAT where applicable.

5.2 The Premium Account can only be purchased through the mobile App. The available payment methods depend on the user’s location and the relevant app store.

5.3 To the extent THE ZERO-WASTE COMPANY SRL is entitled to temporarily or permanently suspend a user’s account, this also creates a right to withhold paid content and/or features.

5.4 THE ZERO-WASTE COMPANY SRL may modify or remove the offered functions at any time. If THE ZERO-WASTE COMPANY SRL decides to discontinue the Premium Account or reduce its functions, this does not apply for already paid terms.

5.5 After the end of its term, the Premium Account that does not have automatic renewal enabled will lose access to the App's functions.

Rights granted to THE ZERO-WASTE COMPANY SRL; Indemnification

6.1 You commit to indemnify THE ZERO-WASTE COMPANY SRL from all damages, claims, costs (including customary legal fees) and expenditures that THE ZERO-WASTE COMPANY SRL incurs as a result of in-court or out-of-court legal actions taken by third parties or authorities against THE ZERO-WASTE COMPANY SRL due to or in connection with a breach of Section 3.4 of these Terms of Use in the content added by you. This does not apply if you are not the one responsible for the breach.

Warranty/Liability

7.1 To the extent functions of the App are paid through in app purchases, the statutory warranty regime applies subject to the following provisions: In the event a functionality is defective and the user reports this defect to THE ZERO-WASTE COMPANY SRL, THE ZERO-WASTE COMPANY SRL will at its choice and within a reasonable period to be set by the user, remedy the defect (e.g. by means of an update) or provide the user with a new version of the content or the function (as applicable) which does not have the defect. In the event such supplementary performance is definitely denied or has definitely failed, the user may reduce the fees or terminate the contract regarding the concerned content and/or function, and in each case claim damages pursuant to Section 8.

7.3 The statutory liability of THE ZERO-WASTE COMPANY SRL is limited as follows:

7.3.1 The statutory liability of THE ZERO-WASTE COMPANY SRL is unlimited in case of intent, gross negligence, personal injury, breaches of a guarantee – which must be expressly designated as such in order to be a guarantee in the legal sense –.

7.3.2 Except in the cases described in Section 8.3.1, THE ZERO-WASTE COMPANY SRL is responsible for slight negligence only in cases of breach of an essential obligation. Essential obligations are obligations that must be performed in order to achieve the purpose of the contract in the first place, and on the performance of which the user may therefore generally rely.

7.3.3 In the cases described in Section 8.3.2, THE ZERO-WASTE COMPANY SRL is only liable for the typical and foreseeable damage.

7.3.4 In other cases, THE ZERO-WASTE COMPANY SRL is not liable for slight negligence.

7.4 The user must regularly back-up his/her data. If THE ZERO-WASTE COMPANY SRL is liable for data loss in accordance with this section, such liability is limited to the restoration costs, which would have been incurred in case of regular and risk-adequate preparation of back-up copies.

7.5 THE ZERO-WASTE COMPANY SRL is not liable for damages resulting from a change of the App by the user or a software and hardware environment that differs from system requirements.

7.6 THE ZERO-WASTE COMPANY SRL is not liable for damages resulting from following PotatoGPT (powered by ChatGPT) recipe instructions.

Duration and cancellation; consequences of cancellation

8.1 Clarification: The App itself is made available for permanent use; the corresponding right of use cannot be canceled.

8.2 In deviation from Section 9.1 the special conditions for any time-limited premium functions acquired through in-App purchases may specify other periods for regular cancellation of the contract for the use of the underlying community functions; unless special regulations are contained therein, the cancellation will become valid only once the contract period of the time-limited premium function ends.

8.3 The legal right of both parties to an immediate extraordinary cancellation for an important reason remains reserved. An important reason for THE ZERO-WASTE COMPANY SRL, in particular, is when the user breaches one of its obligations from Section 3 and, if the breach can be rectified, does not do so within 14 days after being prompted by THE ZERO-WASTE COMPANY SRL to do so. In particular in case of breaches against Section 3.4 a notice period is superfluous.

Final provisions

9.1 Choice of law These Terms of Use are subject exclusively to the laws of Romania, excluding the CISG. If you are a consumer domiciled in a Member State of the EU other than Romania, this choice of law does not affect the application of the mandatory consumer protection laws of that Member State.

9.2 Language; contract text The contract is concluded in Romanian and English. THE ZERO-WASTE COMPANY SRL does not save the contract text. The Terms and Conditions can be viewed at any time on our website at https://ohapotato.app/terms_conditions.

9.3 Place of jurisdiction The place of jurisdiction and performance is Targu Mures for (i) users who are not consumers, (ii) users who have no residence in Romania upon contract conclusion or move to another country after contract conclusion, and (iii) users whose regular place of residence is unknown at the moment when a lawsuit is filed. Otherwise, the place of jurisdiction for consumers is based on the general rules.

9.4 Dispute Resolution Information The European Commission offers an Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/consumers/odr/. However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.

9.5 Salvatory clause If a provision of this contract is or becomes invalid, the validity of the rest of this contract will not be affected. The parties agree, within reason and in good faith, to replace the invalid provision by a permissible regulation that is equivalent in terms of economic outcome, as long as this does not result in any substantial changes of the contractual content.

10.6 Changes to the Terms of Use THE ZERO-WASTE COMPANY SRL may change and adapt these Terms of Use during the validity period of the contract for the use of community functions effective for the future, if this is necessitated by changes in the legal and economic general conditions, especially changes in the law and court practices. THE ZERO-WASTE COMPANY SRL will send the amended Terms of Use to the user at least six weeks before the planned entry into effect per e-mail and point out especially the new provision. At the same time, THE ZERO-WASTE COMPANY SRL will set a reasonable period of at least six weeks for the user to declare the acceptance of the amended Terms of Use for the further use of services. If no declaration of acceptance is made within this period, since the receipt of the information, the amended Terms of Use will be considered accepted. THE ZERO-WASTE COMPANY SRL will inform the customers once the period begins in particular of the legal consequence, i.e., the right to object, the deadline for objection, and the significance of remaining silent. This change mechanism does not apply to changes of the parties' main contractual duties.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2024-03-11

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at office@ohapotato.app.