Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Wellnoria AB ("Wellnoria," "we," "us," or "our"), a company registered in Sweden, governing your access to and use of the Daily Simmer application, website, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and share your personal data. By agreeing to these Terms, you also agree to the Privacy Policy.

Accounts and Membership

To access certain features of the Service, you must create an account. You may register using Google, Apple, or email authentication through our identity provider, Clerk.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must provide accurate, current, and complete information during registration. Providing false, misleading, or fraudulent information may result in immediate termination of your account.

We reserve the right to suspend, disable, or delete your account at our sole discretion, with or without notice, for any conduct that we determine violates these Terms or is harmful to the Service, other users, or third parties.

Age Requirement

You must be at least 16 years of age to use the Service. By creating an account or using the Service, you represent and warrant that you are at least 16 years old. If we become aware that a user is under 16, we will promptly terminate their account.

User Content and Ownership

Your Ownership Rights

You retain full ownership of all content you create, upload, or generate through the Service, including recipes, notes, images, and AI-generated content created at your direction ("User Content").

License to Daily Simmer

By using the Service, you grant Wellnoria a limited, non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and transmit your User Content solely for the purpose of operating, maintaining, and providing the Service to you. This license terminates when you delete your User Content or your account, except where retention is required for operational backups or legal compliance.

No AI Training

We do not use your User Content to train artificial intelligence or machine learning models. Your recipes, images, and other content remain yours and are used only to deliver the Service.

Your Responsibilities

You are solely responsible for the accuracy, quality, and legality of your User Content. You represent and warrant that you have all necessary rights to submit your User Content and that it does not infringe on any third party's intellectual property or other rights.

Shared Recipes

When you choose to share recipes through the Service (an opt-in feature), other users will be able to view and access those shared recipes. You may revoke sharing at any time by adjusting your recipe settings.

AI-Generated Content Disclaimer

The Service uses Google Gemini models to generate recipes, cooking instructions, nutritional information, and images. You acknowledge and agree to the following:

• AI-generated recipes and content are provided for informational and entertainment purposes only and do not constitute professional dietary, nutritional, or medical advice.
• You must always verify ingredients for allergies, dietary restrictions, and food safety before preparing or consuming any AI-generated recipe.
• We do not guarantee the accuracy, completeness, or reliability of AI-generated recipes, nutritional information, or cooking instructions.
• AI-generated images are artistic representations and may not accurately reflect the actual appearance of the finished dish.
• If you have food allergies, medical conditions, or dietary restrictions, consult a qualified healthcare professional before relying on any AI-generated content.

Subscriptions and Billing

Plans and Credits

The Service offers the following subscription plans:

Credits are consumed when using AI features such as recipe generation and image creation. Plan credits reset at the beginning of each billing cycle and do not roll over to subsequent cycles.

On-Demand Credit Packs

All users, including Free tier users, may purchase on-demand credit packs as one-time purchases. On-demand credits are consumed automatically when your plan credits are exhausted. Plan credits are always consumed first. On-demand credits do not expire and persist across billing cycles. On-demand credit packs are non-refundable once purchased.

Payment Processing

All payments are processed by Polar.sh. We do not store your payment card data. Your payment information is handled entirely by Polar.sh in accordance with their security and privacy practices.

Auto-Renewal and Cancellation

Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

Pricing Changes

We reserve the right to change subscription pricing at any time. We will provide reasonable advance notice of any pricing changes via email or in-app notification. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

Refunds

Refund requests are subject to Polar.sh's refund policies. Please contact support if you believe you are entitled to a refund, and we will work with Polar.sh to resolve your request.

Subscription Sharing

How Sharing Works

Duo and Family plan owners ("Owner") may invite other Daily Simmer users ("Members") to share their subscription's credit pool. The Owner manages invitations and membership through the Service.

Member Requirements

• Members must have an existing Daily Simmer account before being invited.
• Members who are currently on a paid individual plan must cancel their existing subscription before joining a shared plan.
• Members cannot independently upgrade their plan while participating in a shared subscription.

Owner Responsibilities

The Owner is responsible for managing their shared plan and its members. If the Owner cancels their subscription or their account is terminated, all Members will be reverted to the Free tier at the end of the current billing period.

Recipe Import

The Service allows you to import recipes from external URLs. By using the import feature, you acknowledge and agree that:

• You are solely responsible for ensuring that you have the right to import and use content from external sources.
• We are not responsible for the accuracy, completeness, or quality of imported recipe data.
• Import limits apply based on your subscription plan.
• Imported content becomes part of your User Content and is subject to the terms outlined in the User Content and Ownership section.

Prohibited Uses

You agree not to use the Service to:

• Engage in any unlawful, fraudulent, or deceptive activity.
• Violate or infringe upon the intellectual property rights of others.
• Harass, abuse, threaten, or intimidate other users.
• Submit false, misleading, or intentionally inaccurate information.
• Upload, transmit, or distribute malicious code, viruses, or any harmful software.
• Send unsolicited communications, spam, or promotional material.
• Scrape, crawl, or use automated means to access the Service or extract data without our prior written consent.
• Attempt to circumvent, disable, or interfere with security features of the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing User Content, suspending or terminating accounts, and reporting to law enforcement.

Intellectual Property

The Daily Simmer name, logo, brand identity, user interface design, application code, and all related intellectual property are owned by Wellnoria AB and are protected by applicable intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in our intellectual property, except for the limited right to use the Service in accordance with these Terms.

Your User Content remains your property as described in the User Content and Ownership section above.

Backups

We perform regular backups of Service data for operational and disaster recovery purposes. However, these backups are not guaranteed, and we do not warrant that any specific data will be recoverable.

You are solely responsible for maintaining your own backups of any User Content that is important to you. We recommend exporting your recipes and data periodically.

Disclaimer of Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLNORIA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLNORIA AB, ITS 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, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL WELLNORIA'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO WELLNORIA IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE UNITED STATES DOLLAR ($1.00).

Indemnification

You agree to indemnify, defend, and hold harmless Wellnoria AB, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your User Content or any content you submit, post, or transmit through the Service.
• Your misuse of the Service or violation of these Terms.
• Your violation of any applicable law, regulation, or third-party rights.
• Any dispute between you and another user of the Service.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.

Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts located in Stockholm, Sweden.

Waiver of Jury Trial

To the extent permitted by law, you waive any right to a jury trial in any legal proceeding arising out of or relating to these Terms.

Exclusion of UN Convention

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. Wellnoria may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent or prior notice.

Changes and Amendments

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or in-app notification. Updated Terms will be posted on this page with a revised "Last updated" date.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email: support@dailysimmer.com
• Mail: Wellnoria AB, Kyndelgrand 19, 135 36 Tyreso, Sweden