Terms of Service
1. Acceptance of Terms
By accessing and using UpFood, you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.
2. Description of Service
UpFood provides recipe transformation and customization services, allowing users to discover, generate, modify, and manage recipes according to their preferences and dietary requirements. Features include, but are not limited to, generating recipes from images, transforming recipes into healthier alternatives, adjusting serving sizes, creating meal plans and shopping lists, generating images for recipes, and importing recipes via URL from third-party websites ("Imported Recipes").
3. User Accounts
To use certain features of our Service, you must register for an account. You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Promptly notifying us at support@upfood.life of any unauthorized use or security breach related to your account.
4. User Content
By submitting content to UpFood, including recipes, images, or other materials you create or import ("User Content"), you:
- Retain ownership of your original content.
- Grant UpFood a worldwide, non-exclusive, royalty-free, transferable license to use, display, reproduce, modify (e.g., for transformations or serving adjustments), and distribute your User Content solely for the purpose of operating, promoting, and improving the Service.
- Represent and warrant that you have all necessary rights, permissions, or licenses to submit such content and that it does not infringe any third-party rights, including copyrights, trademarks, or privacy rights.
- Agree not to submit content that is unlawful, obscene, defamatory, harmful, or otherwise inappropriate, as determined by UpFood in its sole discretion.
Imported Recipes via URL:
- When importing recipes via URL, you may submit a web address to extract recipe data (e.g., ingredient lists and basic instructions). UpFood will process only elements not protected by copyright under U.S. law, such as factual lists of ingredients and functional instructions, unless you have explicit permission from the rights holder to import additional content.
- You are solely responsible for ensuring that any Imported Recipes comply with applicable copyright laws and the terms of service of the originating website. You must have the legal right or permission to import the recipe and agree not to submit URLs containing copyrighted creative content (e.g., narratives, photos, or unique formatting) without authorization.
- UpFood reserves the right to attribute Imported Recipes to their original source by including a link to the provided URL and to reject or remove any Imported Recipes that violate these Terms or third-party rights.
5. Intellectual Property
- The Service, including its software, design, text, images generated by UpFood (e.g., via DALL-E), and other original content (excluding User Content), is protected by copyright, trademark, and other intellectual property laws. UpFood and its licensors retain all rights to this content.
- Our trademarks, logos, and trade dress may not be used in connection with any product or service without our prior written permission.
- UpFood does not claim ownership of third-party content accessible via Imported Recipes. However, by importing such content, you grant UpFood a license to process and display it as part of the Service, subject to these Terms.
6. Termination
We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without prior notice or liability, for any reason, including but not limited to:
- Violation of these Terms, such as submitting infringing or unauthorized Imported Recipes.
- Conduct we believe is harmful to other users, UpFood, or third parties.
- Excessive use of the Service that disrupts its operation or exceeds reasonable limits, as determined by UpFood.
Upon termination, your right to use the Service will cease immediately, and we may delete your User Content, subject to applicable law.
7. Disclaimer
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. UpFood does not guarantee:
- The accuracy, completeness, or availability of the Service or any content, including Imported Recipes.
- That the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, UpFood, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, resulting from:
- Your use of or inability to use the Service.
- Any User Content, including Imported Recipes, or third-party content accessed through the Service.
- Unauthorized access to or alteration of your account or content.
Our total liability to you for any claim arising from these Terms or the Service will not exceed the amount you paid UpFood in the preceding twelve (12) months.
9. Third-Party Websites and Content
- The Service may allow you to import recipes from third-party websites via URL. UpFood is not responsible for the content, accuracy, legality, or availability of these websites or the recipes imported from them.
- Importing recipes via URL does not imply endorsement or affiliation with the originating website. You access and use third-party content at your own risk.
10. Copyright Complaints (DMCA Policy)
If you believe your copyrighted work has been infringed through the Service (e.g., via unauthorized Imported Recipes), please contact our designated DMCA agent at support@upfood.life. We will respond to valid notices under the Digital Millennium Copyright Act (17 U.S.C. ยง 512) by removing infringing content and, if applicable, terminating repeat offenders' accounts.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [insert state/country, e.g., Delaware, USA], without regard to its conflict of law principles.
12. Changes to Terms
We may modify these Terms at any time by posting the updated version on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
13. Contact Us
For questions about these Terms, please contact us at support@upfood.life.
Last updated: February 28, 2025