Terms of Service

1.Scope and Contract Partner

These terms apply to every contract about Simmerset between you and skycraft GmbH. Our privacy policy explains what we do with your data.

You are a consumer if you use Simmerset mainly for purposes outside your trade, business or profession. A few rules below apply only to consumers, and they say so.

Terms of your own that differ from these apply only if we agree to them in writing.

2.What Simmerset Does

Simmerset plans dinners for a household. It proposes dinners for the week that fit the servings, cooking time, allergies, diets and dislikes you enter, turns the week into one grocery list, and shows each recipe step by step while you cook.

Simmerset runs in a current browser at app.simmerset.com and needs an internet connection, although you can read the current week offline.

There is also a Simmerset app for Android on Google Play and one for iPhone and iPad on the App Store. Both open the same service and are free to download and use.

If you downloaded the iOS app from the App Store, Apple's standard Licensed Application End User License Agreement also applies to it. Apple's agreement covers the app as software; these terms govern the Simmerset service, including Plus. Apple is not a party to these terms and is not responsible for Simmerset or its support.

3.Your Account

You need an account to save a week. You sign in with your email address and a code we send to it, or with another method the sign-in page offers. Our sign-in provider Clerk runs this for us.

You must be at least 16 years old to create an account, and of full legal age to buy the Plus plan.

Anyone who can read your email can sign in to your account, so keep your email account safe. If you think someone else is using your Simmerset account, tell us at [email protected].

The details you give us must be true. You may not create accounts in bulk or by automated means.

4.Households

Every account belongs to a household. The person who creates the household owns it and can invite other adults with a link and remove them again. Everyone in a household shares the week, the grocery list, the favorites, and the household's allergies and dislikes.

Only the owner can buy, change or cancel the Plus plan, and the Plus plan covers the whole household. An owner who wants to leave hands the household to another member or deletes it.

Before you enter details about other people, such as a child's allergies or a partner's name, make sure you may share them with your household and with us.

5.Free and Plus

Simmerset has two plans. Free has no time limit. Plus costs USD 4.99 a month or USD 39.99 a year. In the European Union it costs the same amounts in euros.

• Free: one active week with automatic dinner proposals, swaps and manual planning, the whole recipe catalog with search, allergies and diets that take a recipe out even when few recipes are left, favorites, recipes you add yourself, basic nutrition values such as calories, protein, carbohydrates and fat for every recipe and every dinner of the week, a household with one other adult who shares the list, offline reading of the current week, and export and deletion of your data.
• Plus: everything in Free, and as many saved weeks as you like, vitamin and mineral values, nutrition goals per dinner, a larger allowance for recipe imports, and up to six adults in one household.

The web app shows the current allowances of each plan before you buy. Allergies, diets, your current grocery list and the export of your data are never limited to Plus.

If you go back to Free, nothing is deleted.

You cannot buy Plus in the apps for Android and iOS. If your household took out Plus on the web, every member has it in the apps too after signing in. Billing, cancellation and refunds then work as these terms describe.

6.Prices, Taxes and Payment

All prices include VAT or sales tax where it applies. Customers in the European Union pay in euros, everyone else in US dollars. The checkout page shows the currency for your country and the total before you pay.

Stripe handles the payment. You pay by card or another method the checkout page offers. Your card details go to Stripe and never reach us.

You pay for the Plus plan in advance, for a month or for a year at a time.

7.How the Contract Is Made

For Free, the contract is made when you create your account.

For Plus, the owner of a household chooses monthly or yearly billing under Plan in the web app at app.simmerset.com and continues to Stripe's checkout page. There you enter your payment details and can check and correct everything you entered. Pressing the button that places the order is a binding offer. The contract is made when the payment is confirmed and your household switches to Plus.

Until you press that button you can correct typing mistakes, or leave checkout without paying.

We do not keep a copy of the contract text for you. These terms stay on this page, where you can save or print them, and the app shows your current plan.

You can make the contract in English, German, French, Spanish, Portuguese or Italian.

8.Renewal, Cancellation and Plan Changes

Plus renews automatically at the end of each month or year until you cancel it.

You can cancel at any time, and the cancellation takes effect at the end of the period you have paid for. Open Plan in the web app at app.simmerset.com and choose "Manage billing", which opens Stripe's billing portal, or write to us at [email protected]. Your household keeps Plus until the end of that period and then moves to Free. We do not refund the rest of a period that has already started, unless the law requires us to.

You can switch between monthly and yearly billing in the billing portal, which shows what you will pay before you confirm.

If a payment fails, Stripe tries again. Your household keeps Plus for 7 days. If the payment still fails after that, the household moves to Free and keeps all its data.

We change the price of a running plan only with your consent. If you do not agree to a new price, we may end Plus at the end of a billing period, and your household moves to Free.

9.Information on the Right of Withdrawal

If you are a consumer, you have the following right of withdrawal.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (skycraft GmbH, Leibnizstraße 5, 01187 Dresden, Germany, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the withdrawal information.

10.Allergies, Diets and Nutrition

Simmerset filters recipes by the allergies and diets you set, and it errs on the side of caution. A recipe counts as free of an allergen only if every ingredient line is recognized and none of them contains the allergen. When we cannot tell, the recipe counts as containing it. We never mark an unknown as free.

Recipe data and product labels can still be wrong or incomplete, and manufacturers change their products. Check every ingredient and its packaging before you cook, above all for a severe allergy. Simmerset cannot know about cross-contact in your kitchen or in a factory.

Nutrition values are estimates from the ingredients and public food data. A value we cannot estimate stays marked as unknown.

Simmerset gives no medical or dietary advice. If you follow a diet for medical reasons, talk to your doctor or a dietitian.

11.Recipes and Their Sources

The recipe catalog is made of openly licensed public recipes from the Spoonacular recipe database, which skycraft GmbH also runs. Every recipe names its source and license. When you plan a recipe, we store a copy of it, so it stays the same after you plan it.

We do not review or cook every recipe before it appears in the catalog, so amounts, times and steps can contain mistakes. If you find one, report it from the recipe.

What you may do with a recipe beyond cooking it at home depends on the license shown with it.

The app, its design, texts and software belong to us or our licensors. You may use them only to use Simmerset.

12.Content You Add

You can add your own recipes, import recipes from web pages, write notes and report problems. You keep all rights to what you add.

You allow us to store and process your content and to show it to you and your household, as far as we need to run Simmerset. This permission ends when you delete the content or your account. Copies in our backups disappear when those backups expire.

When you import a recipe from a link, our server fetches that page once and keeps the link and the site's name as the source. Imported recipes stay private to your household. Import only pages and recipes you are allowed to use this way.

Do not add anything that breaks the law or the rights of others.

13.Acceptable Use

When you use Simmerset, you agree:

• to use it for your own household, and not to resell it or run a service on top of it
• not to access it by automated means (scraping, bulk downloads, load tests) beyond the normal use of the app
• not to try to get around limits, security measures or another household's access
• not to add unlawful or abusive content or anything that infringes the rights of others

If you break these rules, we may block the content or the account concerned. We take your legitimate interests into account and tell you why, unless the law forbids it.

14.Availability and Changes to the Service

We try to keep Simmerset available at all times but cannot promise that. Maintenance, updates and faults outside our control can interrupt it.

We update Simmerset to keep it secure and working, and we may change features for a valid reason, such as a new legal requirement, security, or a change by one of our providers. Changes during a paid period cost you nothing extra. If a change affects your use of Plus more than slightly, we tell you in good time, and you may end the contract free of charge within 30 days of the change.

15.Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have given a guarantee.

For slight negligence we are liable only if we breach an essential contractual obligation: an obligation that makes the proper performance of the contract possible in the first place and on which you may regularly rely. In that case our liability is limited to the damage that is typical for this kind of contract and foreseeable when the contract was made.

Beyond that, we are not liable for slight negligence. These limits also apply to our employees and to the people we engage to perform the contract.

Your statutory rights if Simmerset, as a digital product, does not conform to the contract remain unaffected.

16.Ending the Contract and Deleting Your Account

You can delete your account at any time under Account in the app, and download your data as a JSON file there first. Deleting your account ends Free. If you own a household with a running Plus plan, deleting your account cancels Plus at the end of the period you have paid for.

We may end Free with at least 30 days' notice, for example if we stop offering Simmerset.

Either side may end the contract without notice for good cause, for example after serious or repeated breaches of these terms.

17.Changes to These Terms

New versions of these terms apply to new contracts from the date shown at the top. For an existing contract, we tell you about a change in advance and ask whether you agree. If you do not agree, the current terms keep applying, and each side keeps its right to end the contract.

18.Law, Disputes and Consumer Rights

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not take away the protection of the mandatory law of the country where you usually live.

If you are a merchant, a legal entity under public law or a special fund under public law, the courts in Dresden have exclusive jurisdiction.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

If one provision of these terms is invalid, the others remain valid.

19.Contact

skycraft GmbH, Leibnizstraße 5, 01187 Dresden, Germany. Email: [email protected]. You find more details in our legal notice.