TERMS AND CONDITIONS OF SERVICE
Effective Date: May 4, 2025
INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to BestFoodRecipe.com, a comprehensive digital platform operated by BestFoodRecipe.com, LLC, a limited liability company organized and existing under the laws of the State of Delaware, United States of America (hereinafter referred to as “Company,” “we,” “us,” “our,” “BestFoodRecipe,” “the Platform,” “the Service,” or “BestFoodRecipe.com”). We maintain our principal place of business at [Address to be provided], and operate through various digital channels including but not limited to our primary website located at https://bestfoodrecipe.com, mobile applications available on iOS and Android platforms, social media presences, email communications, RSS feeds, API services, and any other digital touchpoints we may establish now or in the future.
These Terms and Conditions of Service (these “Terms,” “Agreement,” “Terms of Service,” “TOS,” or “Contract”) constitute a legally binding agreement between you (referred to herein as “you,” “your,” “User,” “Subscriber,” “Member,” “Visitor,” “Customer,” or “End User”) and BestFoodRecipe.com, governing your access to and use of all services, content, features, technologies, and functionalities offered by or through BestFoodRecipe.com and its affiliated platforms, applications, and services (collectively, the “Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND THOROUGHLY BEFORE ACCESSING, BROWSING, USING, OR INTERACTING WITH ANY PART OF OUR SERVICES. BY ACCESSING, BROWSING, USING, OR INTERACTING WITH ANY PART OF OUR SERVICES, OR BY CLICKING “I AGREE,” “ACCEPT,” OR SIMILAR BUTTONS OR CHECKBOXES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AS WELL AS ANY ADDITIONAL TERMS REFERENCED HEREIN.
This Agreement becomes effective immediately upon your first access to or use of the Services and remains in effect until terminated in accordance with the provisions set forth herein. Your continued access to or use of the Services after any modifications to these Terms constitutes your acceptance of such modifications.
If you do not agree to be bound by all terms and conditions contained in this Agreement, you are not authorized to access or use the Services and must immediately cease all use thereof.
1. DEFINITIONS AND INTERPRETATIONS
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
“Account” means any user account, profile, or registration you create or maintain on the Services, including but not limited to free accounts, premium subscriptions, trial accounts, and guest accounts.
“Affiliate” means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity.
“Agreement” means these Terms and Conditions of Service, as they may be amended, modified, or supplemented from time to time.
“API” means any application programming interface made available by us that allows third-party applications to access or interact with the Services.
“Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, illustrations, profiles, works of authorship, applications, links, files, and other materials that are posted, uploaded, transmitted, provided, or otherwise made available through the Services, whether publicly posted or privately transmitted.
“Intellectual Property Rights” means all intellectual property rights worldwide, including but not limited to: (a) patents, patent applications, patent disclosures, and inventions (whether patentable or not); (b) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all goodwill associated therewith; (c) copyrights and copyrightable works; (d) trade secrets, know-how, and other confidential information; and (e) all other intellectual property and proprietary rights.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
“Premium Services” means any paid features, subscriptions, or enhanced functionalities offered through the Services.
“Third-Party Services” means websites, applications, services, or content provided by parties other than BestFoodRecipe.com.
“User Content” means any Content that you or other users submit, post, upload, transmit, or otherwise make available through the Services.
2. ELIGIBILITY AND REGISTRATION REQUIREMENTS
2.1 Age and Legal Capacity Requirements
To use the Services, you must be at least thirteen (13) years of age, or the minimum age required in your jurisdiction to form a binding contract, whichever is higher. If you are under eighteen (18) years of age but at least thirteen (13) years of age (or the applicable minimum age in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are under thirteen (13) years of age, you are not permitted to use the Services under any circumstances.
Users between the ages of thirteen (13) and eighteen (18) represent and warrant that their parent or legal guardian has reviewed and agreed to this Agreement on their behalf. Parents and legal guardians are fully responsible for the acts or omissions of minor children in connection with the Services.
2.2 Legal Authority and Capacity
By using the Services, you represent and warrant that: (a) you have the legal right, authority, and capacity to enter into this Agreement; (b) you are not prohibited by law from receiving or using the Services; (c) your use of the Services will not violate any applicable law, regulation, or ordinance; and (d) all information you provide is accurate, current, and complete.
2.3 Account Registration Process
Certain features of the Services may require you to register for an Account. When registering for an Account, you agree to:
(a) Provide accurate, current, and complete information about yourself as prompted by our registration forms (“Registration Data”); (b) Maintain and promptly update your Registration Data to ensure it remains accurate, current, and complete; (c) Maintain the security and confidentiality of your Account credentials; (d) Accept all risks of unauthorized access to your Account and Registration Data; (e) Immediately notify us of any unauthorized use of your Account or any other breach of security; (f) Take precautions to prevent unauthorized access to your Account.
2.4 Account Verification and Authentication
We reserve the right, but are not obligated, to verify any Registration Data provided by you. We may require additional documentation or information to verify your identity, eligibility, or other aspects of your Account. You agree to provide such additional information and documentation as we may reasonably request.
We may implement multi-factor authentication, email verification, phone number verification, or other security measures to protect Accounts. You agree to comply with all such security measures and acknowledge that failure to do so may result in restricted access to certain Services.
2.5 Account Responsibility and Security
You are solely responsible for all activities that occur under your Account, regardless of whether such activities are undertaken by you or a third party. You agree to:
(a) Use reasonable efforts to prevent unauthorized access to or use of your Account; (b) Notify us immediately if you become aware of any unauthorized access to or use of your Account; (c) Ensure that your Account information is accurate and up-to-date; (d) Not share your Account credentials with any third party; (e) Not allow any third party to access your Account on your behalf unless specifically authorized by us; (f) Take appropriate security measures to protect your Account, including using strong passwords and keeping them confidential.
2.6 Prohibited Users and Jurisdictions
The Services are not available to individuals or entities that: (a) have been previously suspended or banned from the Services; (b) are located in countries subject to U.S. economic sanctions or trade restrictions; (c) are listed on any U.S. government list of prohibited or restricted parties; or (d) are prohibited by applicable law from receiving or using the Services.
2.7 Corporate and Entity Accounts
If you are registering for an Account on behalf of a corporation, partnership, limited liability company, or other entity, you represent and warrant that you have the authority to bind such entity to this Agreement. In such cases, “you” and “your” refer to both you as an individual and the entity you represent.
3. DESCRIPTION OF SERVICES
3.1 General Service Description
BestFoodRecipe.com provides a comprehensive digital platform focused on culinary content, recipes, cooking techniques, nutritional information, and related food and beverage services. Our Services include, but are not limited to:
(a) Access to our extensive database of recipes, cooking instructions, and culinary techniques; (b) Nutritional information, dietary guidance, and meal planning tools; (c) User-generated content features, including recipe sharing, reviews, and ratings; (d) Community features, including forums, comments, and social interaction tools; (e) Premium subscription services with enhanced features and content; (f) Mobile applications for iOS and Android devices; (g) Email newsletters, notifications, and marketing communications; (h) Shopping and affiliate services through third-party partnerships; (i) API access for approved third-party integrations; (j) Educational content, including cooking classes, tutorials, and guides.
3.2 Service Availability and Geographic Limitations
While we strive to make our Services available globally, certain features, content, or functionalities may not be available in all jurisdictions due to legal, technical, or business reasons. We reserve the right to limit availability of the Services or any portion thereof to any person, geographic area, or jurisdiction at any time and in our sole discretion.
The Services are controlled and operated from facilities in the United States. We make no representations that the Services are appropriate or available for use in all locations. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
3.3 Service Modifications and Updates
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability. We will use reasonable efforts to notify users of material changes to the Services, but are not obligated to do so.
3.4 Beta Features and Experimental Services
From time to time, we may make available beta, experimental, or pre-release features or services. These features are provided “as is” and may contain bugs, errors, or other issues. Your use of beta features is at your own risk, and we disclaim all warranties and representations with respect to such features.
4. USER ACCOUNTS AND SUBSCRIPTIONS
4.1 Account Types and Features
We offer various types of Accounts with different features and access levels:
(a) Guest Access: Limited access to certain Services without registration; (b) Free Accounts: Basic registered accounts with access to standard features; (c) Premium Subscriptions: Paid accounts with access to enhanced features, content, and services; (d) Professional Accounts: Specialized accounts for culinary professionals, nutritionists, and food industry professionals; (e) Corporate Accounts: Enterprise-level accounts for businesses and organizations.
4.2 Subscription Terms and Billing
Premium Services are offered on a subscription basis with various billing periods, including monthly, quarterly, semi-annual, and annual options. By subscribing to Premium Services, you agree to:
(a) Pay all applicable fees and charges associated with your subscription; (b) Provide accurate and complete billing information; (c) Promptly update your billing information if it changes; (d) Authorize us to charge your designated payment method for all applicable fees; (e) Pay all applicable taxes associated with your subscription.
4.3 Automatic Renewal and Cancellation
Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods of the same duration as the original subscription term. You may cancel your subscription at any time through your Account settings or by contacting customer support.
Upon cancellation, your access to Premium Services will continue until the end of your current billing period, after which your Account will revert to a free Account (if available) or be deactivated.
4.4 Refund Policy
All subscription fees are non-refundable except as expressly provided in this Agreement or as required by applicable law. We may, in our sole discretion, provide refunds or credits under certain circumstances, including:
(a) Technical issues that prevent access to Premium Services for extended periods; (b) Billing errors or unauthorized charges; (c) Satisfaction guarantees for new subscribers within specified time periods; (d) Legal requirements in certain jurisdictions.
4.5 Price Changes
We reserve the right to modify our pricing at any time. Price changes for existing subscriptions will take effect at the beginning of the next billing cycle following notice to you. We will provide at least thirty (30) days’ advance notice of price increases for existing subscriptions.
4.6 Promotional Offers and Discounts
We may offer promotional pricing, discounts, or special offers from time to time. Such offers are subject to additional terms and conditions, which will be provided at the time of the offer. Promotional offers may not be combined with other offers unless expressly permitted.
5. USER CONDUCT AND PROHIBITED ACTIVITIES
5.1 General Conduct Standards
You agree to use the Services in compliance with all applicable laws, regulations, and ordinances, and in accordance with the terms of this Agreement. You are solely responsible for your conduct and any Content you submit, post, or display through the Services.
5.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
(a) Illegal Activities: Use the Services for any unlawful purpose or in violation of any applicable laws or regulations;
(b) Harmful Content: Post, upload, transmit, or distribute Content that is:
- Defamatory, libelous, or slanderous
- Threatening, harassing, or intimidating
- Hateful, discriminatory, or promoting violence
- Obscene, pornographic, or sexually explicit
- Invasive of privacy or publicity rights
- False, misleading, or fraudulent
- Spam or unsolicited commercial communications
(c) Intellectual Property Infringement: Infringe upon or violate the Intellectual Property Rights of BestFoodRecipe.com or any third party;
(d) Security Violations:
- Attempt to gain unauthorized access to the Services or other users’ Accounts
- Use any automated means to access the Services without permission
- Interfere with or disrupt the Services or servers
- Circumvent any security measures or access controls
- Introduce viruses, malware, or other harmful code
(e) Data Mining and Scraping: Use bots, spiders, crawlers, or other automated means to access, scrape, or extract data from the Services without our express written permission;
(f) Commercial Exploitation: Use the Services for unauthorized commercial purposes, including:
- Selling or reselling access to the Services
- Using the Services to compete with BestFoodRecipe.com
- Commercial spam or advertising without permission
- Creating competing services using our Content
(g) Impersonation and False Information: Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
(h) Account Violations:
- Create multiple Accounts to evade restrictions
- Share Account credentials with third parties
- Transfer your Account without permission
- Use another person’s Account without authorization
5.3 Enforcement and Consequences
We reserve the right, but are not obligated, to monitor, review, and moderate User Content and user activities on the Services. We may take any action we deem appropriate in response to violations of this Agreement, including:
(a) Removing or disabling access to Content; (b) Issuing warnings or notices; (c) Temporarily or permanently suspending Accounts; (d) Terminating access to the Services; (e) Pursuing legal action; (f) Cooperating with law enforcement authorities.
5.4 Reporting Violations
If you become aware of any violations of this Agreement or illegal activities on the Services, please report them to us immediately at abuse@bestfoodrecipe.com. We appreciate user assistance in maintaining a safe and compliant platform.
6. USER CONTENT AND INTELLECTUAL PROPERTY
6.1 User Content Definition and Scope
“User Content” includes all Content that you or other users submit, post, upload, transmit, or otherwise make available through the Services, including but not limited to:
(a) Recipe submissions and modifications; (b) Reviews, ratings, and comments; (c) Photos, videos, and other media; (d) Profile information and biographical content; (e) Forum posts and community discussions; (f) Messages and communications with other users; (g) Any other content created or contributed by users.
6.2 User Content Ownership and Responsibility
You retain ownership of your User Content, subject to the licenses granted to us in this Agreement. You are solely responsible for your User Content and represent and warrant that:
(a) You own or have the necessary rights to submit your User Content; (b) Your User Content does not infringe upon the rights of any third party; (c) Your User Content complies with this Agreement and all applicable laws; (d) You have obtained all necessary permissions and releases from any individuals featured in your User Content; (e) Your User Content is accurate and not misleading.
6.3 License Grant to BestFoodRecipe.com
By submitting User Content to the Services, you grant BestFoodRecipe.com a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:
(a) Use, reproduce, distribute, prepare derivative works of, display, and perform your User Content; (b) Modify, adapt, and create derivative works based on your User Content; (c) Publish your User Content in any media format or distribution method; (d) Use your User Content for marketing, promotional, and commercial purposes; (e) Allow other users to access, view, store, and reproduce your User Content for personal use.
This license continues even after you stop using the Services or delete your Account, but only for User Content that remains available on the Services.
6.4 Content Moderation and Removal
We reserve the right, but are not obligated, to review, monitor, and moderate User Content. We may remove, disable, or restrict access to User Content that violates this Agreement or for any other reason in our sole discretion. We are not responsible for User Content and do not endorse any opinions expressed through User Content.
6.5 Backup and Storage
We are not responsible for backing up or preserving User Content. You are solely responsible for maintaining copies of your User Content. We may delete User Content at any time without notice.
6.6 User Content Representations and Warranties
For User Content that includes reviews, ratings, or testimonials, you represent and warrant that:
(a) Your reviews reflect your honest opinion and actual experience; (b) You have not been compensated for your review unless properly disclosed; (c) You do not have any personal or business relationship with the subject of your review that would bias your opinion; (d) Your review is based on your actual use or experience with the product, service, or recipe.
7. BESTFOODRECIPE.COM INTELLECTUAL PROPERTY
7.1 Ownership of Service Content
BestFoodRecipe.com owns or licenses all Content available through the Services, except for User Content. This includes but is not limited to:
(a) Original recipes, cooking instructions, and culinary techniques; (b) Text, graphics, images, photographs, and videos; (c) Software, applications, and technical systems; (d) Trademarks, service marks, and trade names; (e) Proprietary algorithms and recommendation systems; (f) Database compilation and organization; (g) Website design, layout, and user interface elements.
7.2 Limited License to Users
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include the right to:
(a) Reproduce, distribute, or publicly display our Content; (b) Create derivative works based on our Content; (c) Use our Content for commercial purposes; (d) Remove or modify any copyright, trademark, or other proprietary notices; (e) Use our Content to train artificial intelligence or machine learning systems; (f) Reverse engineer or attempt to extract source code from our Services.
7.3 Trademark Rights
BestFoodRecipe.com, our logo, and other marks used by us are our trademarks or registered trademarks. You may not use our trademarks without our prior written consent. Any unauthorized use of our trademarks is prohibited and may constitute trademark infringement.
7.4 Copyright Protection
All Content on the Services is protected by copyright law. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any Content without our express written permission.
7.5 Digital Millennium Copyright Act (DMCA) Compliance
We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) A physical or electronic signature of the copyright owner or authorized representative; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the allegedly infringing material and its location on the Services; (d) Your contact information, including address, telephone number, and email address; (e) A statement that you have a good faith belief that the use is not authorized; (f) A statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent can be reached at: Email: dmca@bestfoodrecipe.com Address: [Physical address to be provided]
7.6 Counter-Notification Process
If you believe that your Content was removed or disabled by mistake or misidentification, you may submit a counter-notification containing:
(a) Your physical or electronic signature; (b) Identification of the Content that was removed and its former location; (c) A statement under penalty of perjury that you have a good faith belief that the Content was removed by mistake; (d) Your contact information; (e) A statement that you consent to the jurisdiction of federal court and will accept service of process from the complaining party.
8. THIRD-PARTY SERVICES AND INTEGRATIONS
8.1 Third-Party Content and Services
The Services may contain links to, integrate with, or provide access to third-party websites, applications, services, or content (“Third-Party Services”). These Third-Party Services are not under our control, and we are not responsible for their content, privacy practices, or terms of service.
8.2 Affiliate Links and Commercial Relationships
The Services may contain affiliate links, sponsored content, or other commercial relationships with third parties. When you click on such links or interact with sponsored content, we may receive compensation from the third party. We will disclose material commercial relationships in accordance with applicable laws and regulations.
8.3 Third-Party Service Terms
Your use of Third-Party Services is subject to the terms and conditions and privacy policies of those services. We encourage you to review the terms and privacy policies of any Third-Party Services before using them.
8.4 No Endorsement
Our inclusion of links to or integration with Third-Party Services does not constitute an endorsement of such services or their content. We make no representations or warranties regarding Third-Party Services.
8.5 Social Media Integration
The Services may integrate with social media platforms and allow you to share content or connect your social media accounts. Such integration is subject to the terms and privacy policies of the respective social media platforms.
8.6 Payment Processing
We may use third-party payment processors to handle subscription payments and other financial transactions. Your payment information is subject to the privacy policies and security measures of these payment processors.
9. PRIVACY AND DATA PROTECTION
9.1 Privacy Policy Incorporation
Your privacy is important to us. Our collection, use, and disclosure of your Personal Information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
9.2 Data Security Measures
We implement appropriate technical and organizational security measures to protect your Personal Information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
9.3 International Data Transfers
If you are located outside the United States, your Personal Information may be transferred to and processed in the United States or other countries where we or our service providers operate. These countries may have different data protection laws than your country of residence.
9.4 Data Retention
We retain your Personal Information for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements. When we no longer need your Personal Information, we will securely delete or anonymize it.
9.5 Your Data Rights
Depending on your location, you may have certain rights regarding your Personal Information, including:
(a) The right to access your Personal Information; (b) The right to correct inaccurate Personal Information; (c) The right to delete your Personal Information; (d) The right to restrict processing of your Personal Information; (e) The right to data portability; (f) The right to object to processing of your Personal Information.
To exercise these rights, please contact us at privacy@bestfoodrecipe.com.
9.6 Cookies and Tracking Technologies
We use cookies, web beacons, and other tracking technologies to collect information about your use of the Services. Our Cookie Policy, which is part of our Privacy Policy, provides detailed information about our use of these technologies.
10. DISCLAIMERS AND WARRANTIES
10.1 Health and Dietary Disclaimers
IMPORTANT HEALTH NOTICE: The information provided through the Services, including recipes, nutritional information, dietary advice, and health-related content, is for informational and educational purposes only and is not intended as medical, health, nutritional, or dietary advice. You should not rely on such information as a substitute for professional medical advice, diagnosis, or treatment.
Always consult with a qualified healthcare professional before making any changes to your diet, exercise routine, or lifestyle, especially if you have any medical conditions, allergies, or dietary restrictions.
We make no representations or warranties regarding: (a) The accuracy of nutritional information provided; (b) The suitability of any recipe or dietary advice for your specific needs; (c) The safety of any ingredients or cooking methods described; (d) The medical or health benefits of any foods or recipes featured.
10.2 Food Safety and Preparation
You are solely responsible for: (a) Following safe food handling and preparation practices; (b) Ensuring ingredients are fresh and safe for consumption; (c) Following proper cooking temperatures and times; (d) Accommodating any food allergies or dietary restrictions; (e) Understanding and following local food safety regulations.
10.3 General Service Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to:
(a) Implied Warranties: We disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(b) Service Availability: We do not warrant that the Services will be uninterrupted, error-free, or completely secure;
(c) Content Accuracy: We do not warrant the accuracy, completeness, or reliability of any Content available through the Services;
(d) Third-Party Services: We disclaim all warranties regarding Third-Party Services accessed through our platform;
(e) User Content: We do not warrant or endorse any User Content and disclaim responsibility for its accuracy or reliability.
10.4 Technical Disclaimers
We do not warrant that: (a) The Services will meet your specific requirements; (b) The Services will be compatible with all devices or software; (c) Any defects in the Services will be corrected; (d) The Services will be free from viruses or other harmful components; (e) Data transmission will be secure or error-free.
10.5 Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by law.
11. LIMITATION OF LIABILITY
11.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BESTFOODRECIPE.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, including but not limited to:
(a) Loss of profits, revenue, or business opportunities; (b) Loss of data or information; (c) Business interruption or downtime; (d) Personal injury or property damage; (e) Emotional distress or mental anguish; (f) Loss of privacy or reputation; (g) Food-related illness or injury; (h) Any other damages arising from your use of the Services.
11.2 Cap on Total Liability
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (a) ONE HUNDRED DOLLARS ($100); OR (b) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11.3 Basis of the Bargain
You acknowledge that we have set our prices and entered into this Agreement in reliance upon the disclaimers of warranty and limitations of liability set forth herein, and that the same reflect the allocation of risk between the parties and form an essential basis of the bargain between the parties.
11.4 Specific Liability Exclusions
Without limiting the foregoing, we shall not be liable for:
(a) Food Safety Issues: Any illness, injury, or adverse reaction resulting from recipes, ingredients, or food preparation methods described in the Services;
(b) Dietary or Health Consequences: Any health issues, allergic reactions, or dietary complications arising from following advice or information provided through the Services;
(c) Third-Party Actions: Any actions, omissions, or content of third parties, including other users and Third-Party Services;
(d) Technical Issues: Service interruptions, data loss, or technical malfunctions beyond our reasonable control;
(e) User Content: Any harm resulting from User Content, including inaccurate recipes or harmful advice from other users.
11.5 Jurisdictional Limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
11.6 Time Limitation on Claims
Any claim or cause of action arising from or relating to the Services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
12. INDEMNIFICATION
12.1 User Indemnification Obligations
You agree to defend, indemnify, and hold harmless BestFoodRecipe.com, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:
(a) Your use of the Services; (b) Your User Content; (c) Your violation of this Agreement; (d) Your violation of any applicable law or regulation; (e) Your violation of any third-party rights, including Intellectual Property Rights; (f) Any harm caused to third parties through your use of the Services; (g) Any food-related illness or injury claimed to result from recipes or advice you provided through the Services.
12.2 Defense and Settlement
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any claim subject to indemnification without our prior written consent.
12.3 Notice Requirements
We will provide you with prompt written notice of any claim, demand, or lawsuit for which we seek indemnification, provided that our failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.
13. TERMINATION
13.1 Termination by You
You may terminate your Account and stop using the Services at any time by: (a) Accessing your Account settings and following the account deletion process; (b) Contacting customer support at support@bestfoodrecipe.com; (c) Simply ceasing to use the Services (for non-subscription accounts).
13.2 Termination by BestFoodRecipe.com
We may suspend or terminate your access to the Services, with or without notice, for any reason, including but not limited to:
(a) Violation of this Agreement; (b) Suspected fraudulent or illegal activity; (c) Non-payment of fees; (d) Inactive accounts for extended periods; (e) Technical or security concerns; (f) Discontinuation of the Services; (g) Any other reason in our sole discretion.
13.3 Effects of Termination
Upon termination of your Account:
(a) Your access to the Services will cease immediately; (b) Your User Content may be deleted, except as required by law or our legitimate business interests; (c) You will lose access to Premium Services and any unused subscription benefits; (d) Outstanding payment obligations will remain due and payable; (e) Certain provisions of this Agreement will survive termination as specified below.
13.4 Data Retention After Termination
Following termination, we may retain certain information for legitimate business purposes, including: (a) Compliance with legal obligations; (b) Resolution of disputes; (c) Enforcement of this Agreement; (d) Prevention of fraud and abuse; (e) Analytics and service improvement (in anonymized form).
13.5 No Liability for Termination
We shall not be liable to you or any third party for termination of your access to the Services, including any resulting loss of data, content, or service benefits.
14. DISPUTE RESOLUTION AND LEGAL PROVISIONS
14.1 Governing Law
This Agreement and any dispute arising from or relating to the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
14.2 Jurisdiction and Venue
Subject to the arbitration provisions below, any legal action or proceeding arising from or relating to this Agreement or the Services shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to the personal jurisdiction of such courts.
14.3 Mandatory Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND DETERMINES HOW CLAIMS BETWEEN YOU AND BESTFOODRECIPE.COM ARE RESOLVED.
Except for certain types of disputes described below, you and BestFoodRecipe.com agree that any dispute, claim, or controversy arising from or relating to this Agreement or the Services will be resolved through binding individual arbitration rather than in court.
14.3.1 Arbitration Rules and Procedures
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will take place in Delaware or, at your option, in your county of residence. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
14.3.2 Exceptions to Arbitration
The following disputes are not subject to arbitration: (a) Individual claims in small claims court; (b) Injunctive or equitable relief to protect intellectual property rights; (c) Claims related to the validity or enforceability of this arbitration provision.
14.3.3 Class Action Waiver
YOU AND BESTFOODRECIPE.COM AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN US INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS; (c) THERE IS NO RIGHT OR AUTHORITY TO BRING CLAIMS IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
14.3.4 Arbitration Costs
We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with this section, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.
14.3.5 Opt-Out Right
YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. If you opt out, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of first accepting this Agreement by sending an email to arbitration-opt-out@bestfoodrecipe.com with your name, address, and a clear statement that you want to opt out of arbitration.
14.4 Informal Dispute Resolution
Before initiating arbitration or legal proceedings, you agree to first contact us at disputes@bestfoodrecipe.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes amicably.
14.5 Injunctive Relief
Notwithstanding the arbitration provisions above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
15. INTERNATIONAL CONSIDERATIONS
15.1 Global Accessibility
While the Services are accessible from many countries worldwide, we make no representation that the Services are appropriate or available for use in all jurisdictions. Users accessing the Services from outside the United States do so at their own initiative and are responsible for compliance with local laws.
15.2 Export Control Laws
The Services may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer the Services or any part thereof in violation of applicable export control laws.
15.3 Regional Legal Compliance
If you access the Services from a jurisdiction with laws or regulations governing Internet services different from those of the United States, you are responsible for compliance with such local laws to the extent applicable.
15.4 European Union Users
If you are located in the European Union, you may have additional rights under the General Data Protection Regulation (GDPR) and other applicable laws. Please refer to our Privacy Policy for information about your rights and how we process your personal data.
15.5 California Consumer Privacy Act (CCPA)
If you are a California resident, you may have additional rights under the California Consumer Privacy Act. Please refer to our Privacy Policy for information about your rights under the CCPA.
16. ACCESSIBILITY AND ACCOMMODATIONS
16.1 Commitment to Accessibility
We are committed to making our Services accessible to users with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1.
16.2 Accessibility Features
Our Services include various accessibility features, such as: (a) Keyboard navigation support; (b) Screen reader compatibility; (c) Alternative text for images; (d) High contrast options; (e) Adjustable font sizes.
16.3 Feedback and Accommodations
If you encounter accessibility barriers or need specific accommodations to use our Services, please contact us at accessibility@bestfoodrecipe.com. We will make reasonable efforts to provide appropriate accommodations.
17. MOBILE APPLICATIONS
17.1 Mobile App Terms
If you access the Services through our mobile applications, these Terms apply to your use of the mobile applications in addition to any terms imposed by the applicable app store (such as the Apple App Store or Google Play Store).
17.2 App Store Terms
Your use of our mobile applications may be subject to additional terms and conditions imposed by the app store from which you downloaded the application. In case of conflict between this Agreement and app store terms, this Agreement shall prevail regarding your use of the Services.
17.3 Mobile-Specific Features
Our mobile applications may include features not available on our website, such as: (a) Push notifications; (b) Location-based services; (c) Camera and photo integration; (d) Offline content access; (e) Device-specific functionality.
17.4 Updates and Support
We may release updates to our mobile applications from time to time. You are responsible for downloading and installing updates to ensure optimal functionality and security.
18. API AND DEVELOPER TERMS
18.1 API Access
We may provide application programming interfaces (APIs) that allow third-party developers to integrate with our Services. API access is subject to additional terms and conditions, which will be provided separately.
18.2 Developer Requirements
If you develop applications that integrate with our APIs, you agree to: (a) Comply with our API documentation and guidelines; (b) Respect rate limits and usage restrictions; (c) Protect user data and privacy; (d) Maintain appropriate security measures; (e) Comply with all applicable laws and regulations.
18.3 API Limitations
We reserve the right to: (a) Modify or discontinue API access at any time; (b) Implement usage limits and restrictions; (c) Require approval for certain API uses; (d) Charge fees for API access.
19. BETA TESTING AND FEEDBACK
19.1 Beta Programs
We may invite you to participate in beta testing programs for new features or services. Beta features are provided for testing purposes and may not be fully functional or stable.
19.2 Beta Terms
Participation in beta programs is subject to additional terms, including: (a) Confidentiality obligations; (b) Feedback requirements; (c) Limited support; (d) No warranty or guarantee of continued availability.
19.3 Feedback License
If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, worldwide, royalty-free license to use such feedback for any purpose without compensation or attribution.
20. FORCE MAJEURE
20.1 Excused Performance
We shall not be liable for any failure or delay in performance under this Agreement that is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, network failures, or other causes beyond our reasonable control (each, a “Force Majeure Event”).
20.2 Notice and Mitigation
In the event of a Force Majeure Event, we will: (a) Notify you as soon as reasonably practicable; (b) Use reasonable efforts to mitigate the effects; (c) Resume performance as soon as reasonably possible.
21. COMMUNICATIONS AND NOTICES
21.1 Electronic Communications
You consent to receive communications from us electronically, including emails, push notifications, and in-app messages. You agree that electronic communications satisfy any legal requirement for written communications.
21.2 Notice to BestFoodRecipe.com
Notices to us must be sent to:
- Email: legal@bestfoodrecipe.com
- Physical Address: [Address to be provided]
21.3 Notice to Users
We may provide notices to you through: (a) Email to your registered email address; (b) Push notifications through our mobile applications; (c) Messages within the Services; (d) Posts on our website or social media; (e) Any other reasonable method.
21.4 Language
This Agreement is written in English. Any translations are provided for convenience only, and the English version shall control in case of conflict.
22. COMPLIANCE AND REGULATORY MATTERS
22.1 Food and Drug Administration (FDA) Compliance
Content on our Services relating to food, nutrition, health, or dietary supplements has not been evaluated by the FDA and is not intended to diagnose, treat, cure, or prevent any disease.
22.2 FTC Compliance
We comply with Federal Trade Commission (FTC) guidelines regarding endorsements, testimonials, and advertising disclosures. We clearly disclose material connections with advertisers and sponsors.
22.3 Nutritional Information Disclaimers
Nutritional information provided through the Services is estimated and may not be accurate. Factors affecting accuracy include: (a) Variations in ingredient nutritional content; (b) Preparation methods and serving sizes; (c) Individual metabolic differences; (d) Data source limitations.
22.4 Professional Licensing
Nothing in the Services constitutes professional advice from licensed nutritionists, dietitians, or healthcare providers unless explicitly stated and properly credentialed.
23. ADDITIONAL TERMS FOR SPECIFIC FEATURES
23.1 E-commerce and Shopping Features
If we offer e-commerce features, additional terms apply: (a) Product availability and pricing are subject to change; (b) Orders are subject to acceptance and availability; (c) Shipping and return policies apply as specified; (d) Payment processing is handled by third-party providers.
23.2 Community Features
Community features such as forums and user groups are subject to additional community guidelines, which are incorporated by reference into this Agreement.
23.3 Premium Content and Features
Premium subscriptions may include: (a) Ad-free browsing experience; (b) Exclusive recipes and content; (c) Advanced meal planning tools; (d) Priority customer support; (e) Early access to new features.
23.4 Educational Services
If we offer cooking classes, tutorials, or other educational services: (a) Content is for educational purposes only; (b) No certification or professional credentials are provided; (c) Participation requires appropriate safety measures; (d) Additional terms may apply to specific programs.
24. SEVERABILITY AND ENFORCEABILITY
24.1 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
24.2 Waiver
Our failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by an authorized representative.
24.3 Survival
The following provisions shall survive termination of this Agreement: (a) Intellectual Property Rights; (b) User Content licenses granted to us; (c) Disclaimers and Limitations of Liability; (d) Indemnification; (e) Dispute Resolution; (f) Any accrued payment obligations.
25. ENTIRE AGREEMENT AND MODIFICATIONS
25.1 Entire Agreement
This Agreement, together with our Privacy Policy and any additional terms referenced herein, constitutes the entire agreement between you and BestFoodRecipe.com regarding the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
25.2 Modifications to Terms
We reserve the right to modify this Agreement at any time. We will notify you of material changes by: (a) Posting the updated Agreement on our website; (b) Sending an email to your registered email address; (c) Providing notice through the Services; (d) Other reasonable notification methods.
25.3 Acceptance of Modifications
Your continued use of the Services after we post or send notice of changes to this Agreement constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must stop using the Services.
25.4 Version Control
We will maintain version control of this Agreement, including effective dates and change logs. Previous versions may be available upon request for reference purposes.
26. CONTACT INFORMATION AND CUSTOMER SUPPORT
26.1 General Contact Information
For questions, concerns, or complaints regarding this Agreement or the Services, you may contact us through the following methods:
Email Contacts:
- General inquiries: info@bestfoodrecipe.com
- Customer support: support@bestfoodrecipe.com
- Legal matters: legal@bestfoodrecipe.com
- Privacy concerns: privacy@bestfoodrecipe.com
- Copyright issues: dmca@bestfoodrecipe.com
- Abuse reports: abuse@bestfoodrecipe.com
- Accessibility: accessibility@bestfoodrecipe.com
Phone Support:
- Primary: 909-500-3919
- Customer Service Hours: Monday-Friday, 9:00 AM – 6:00 PM EST
- Emergency Technical Support: Available 24/7 for Premium subscribers
Physical Address: BestFoodRecipe.com, LLC [Complete physical address to be provided]
Website: https://bestfoodrecipe.com
26.2 Customer Support Services
We provide customer support through multiple channels: (a) Email support with response times based on subscription level; (b) Live chat during business hours; (c) Phone support for Premium subscribers; (d) Comprehensive help center and FAQ section; (e) Community forums for user-to-user assistance.
26.3 Response Time Commitments
We strive to respond to customer inquiries within:
- Emergency technical issues: 4 hours
- Premium subscriber inquiries: 24 hours
- Standard inquiries: 48-72 hours
- Complex legal or compliance matters: 5-7 business days
27. ACKNOWLEDGMENTS AND REPRESENTATIONS
27.1 User Acknowledgments
By accepting this Agreement, you acknowledge and represent that:
(a) You have read, understood, and agree to be bound by all terms and conditions contained herein; (b) You are of legal age and have the authority to enter into this Agreement; (c) You have not been previously suspended or banned from the Services; (d) All information you provide is accurate, current, and complete; (e) You will comply with all applicable laws and regulations in your use of the Services; (f) You understand the limitations and disclaimers regarding health and nutritional information; (g) You assume all risks associated with your use of the Services; (h) You have the necessary equipment and Internet connection to access the Services.
27.2 Company Representations
BestFoodRecipe.com represents and warrants that: (a) We have the corporate power and authority to enter into this Agreement; (b) The execution of this Agreement has been duly authorized; (c) We will provide the Services in accordance with this Agreement; (d) We will comply with applicable laws and regulations in providing the Services.
28. FINAL PROVISIONS
28.1 Assignment
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement or any rights hereunder without restriction, including to any affiliate or in connection with a merger, acquisition, or sale of assets.
28.2 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
28.3 Headings
The headings and subheadings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
28.4 Construction
This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument to be drafted.
28.5 Electronic Execution
This Agreement may be executed electronically, and electronic signatures shall be deemed valid and binding.
28.6 Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
29. EFFECTIVE DATE AND TERM
This Agreement becomes effective on May 4, 2025, and shall remain in effect until terminated in accordance with its terms. This Agreement supersedes all previous terms and conditions that may have governed your use of the Services.
© 2025 BestFoodRecipe.com, LLC. All Rights Reserved.
Last Updated: May 4, 2025 Version: 2.0
ACKNOWLEDGMENT
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SERVICES.
This Agreement represents the complete understanding between you and BestFoodRecipe.com regarding the subject matter herein and may only be modified in accordance with the procedures set forth in this Agreement.
BestFoodRecipe.com © 2025. All Rights Reserved.