Diets & Allergens

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Terms and Conditions

Terms and Conditions

Last updated on 30.05.2023

Introduction

These Terms and Conditions ("Terms") govern your use of and access to our websites at https://rocely.com and all related pages operated by Roland Peter Schilffarth ("Rocely", "we", "us").

Our Privacy Policy governs how we collect, protect, and disclose information resulting from your use of our websites. Read it here: https://rocely.com/legal/privacy-policy.

By using our services, you agree to these Terms and the Privacy Policy ("Agreements"). These Agreements apply to all visitors, users, and others who wish to access or use our services. If you do not agree to these Agreements, you may not use our services. Please contact us at service@rocely.com so we can try to find a solution.

Policies

You may only use our services for lawful purposes and in accordance with our Terms and Conditions. You are prohibited from using our services:

  • in a way that violates applicable local, national, or international laws or regulations;
  • in a way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to upload, transmit, or publish content that does not comply with our policies or applicable laws (e.g., offensive, defamatory, hateful, or criminal content);
  • to distribute unsolicited or unauthorized advertising or marketing materials (e.g., spam);
  • to knowingly transmit data or software containing viruses, trojans, worms, time bombs, keyloggers, or similar malware that may impair or damage third-party software or hardware.

You are also prohibited from accessing, manipulating, damaging, or disrupting areas of our infrastructure or that of third parties without appropriate authorization, particularly with regard to our servers, networks, or software.

When you use our service and connect your accounts with third-party services (e.g., social media or email accounts), you are responsible for ensuring that you have the necessary rights and permissions for communication with your contacts or other users.

If you violate any of these policies or give reason to believe that you are violating applicable law or third-party rights, we reserve the right to block or delete your user account and remove any content you have created or uploaded. We may take these measures without prior notice and are not liable for any losses or damages resulting from the deletion of your account or content.

User-Generated Content

The services may prompt you to create and upload content such as comments, photos, or texts ("Contributions"). Contributions may be publicly visible, so you should be careful when publishing.

By uploading Contributions, you affirm that you are the lawful owner of all rights to these Contributions and do not infringe on any third-party rights. You also guarantee that the content is not offensive, defamatory, or illegal.

By uploading Contributions, you also grant us the simple, temporally and geographically unlimited right to use these Contributions to the extent necessary for the operation, promotion, or further development of the services (e.g., display on the platform, social media, marketing).

If you publish recipes, cooking instructions, or other culinary content (including photos), you are responsible for ensuring that this content is free from third-party rights and does not violate any intellectual property rights. By uploading, you declare that all texts, photos, graphics, and other materials used either belong to you or you have appropriate permission to publish and share them.

Please note that we do not guarantee the accuracy, completeness, or usefulness of recipes or cooking instructions created by users. All information shared here is provided only as guidance. Any liability for damages resulting from the implementation of such recipes is excluded to the extent permitted by law.

In the event of violations claimed against us by third parties (e.g., copyright, personal rights, or trademark claims), you will indemnify us upon first request from all claims, including reasonable legal defense costs, if you are responsible for the violation.

Content Moderation: We expressly reserve the right to moderate, edit, or remove any user-generated content that violates these Terms and Conditions, our policies, or applicable law. This includes, but is not limited to, content that infringes copyrighted material, is offensive, defamatory, or otherwise inappropriate. The decision to moderate or remove content is at our sole discretion, and we are not obligated to notify you before taking such action.

Licensing of Contributions

By submitting Contributions, you grant us a worldwide, non-exclusive, perpetual, and royalty-free license to use these Contributions for commercial or non-commercial purposes.

You retain ownership of your Contributions but grant us the right to use, publish, or share them.

Disclaimer

The content provided on our websites, including templates, is not to be understood as legal advice. The use of this content is at your own risk and does not create an attorney-client relationship.

The recipes, tips, tricks, and other culinary information provided by us or our users are for informational purposes only. Each user acts on their own responsibility when following recipes. We assume no liability for health impairments or damages resulting from the implementation of recipes or the use of certain foods.

Information on nutritional values, allergens, or ingredients serves only as a reference point and may be incomplete. Users should independently verify whether the listed ingredients are compatible with their needs. We are not liable for missing or incorrect labeling.

User Obligations

You are responsible for ensuring that your use of our services complies with applicable laws. You may not share content that violates intellectual property rights, privacy regulations, or other legal provisions.

You must be at least 13 years old to use our services. If you are between 13 and 18 years old, you need the consent of a parent or guardian.

Account Creation

When you create an account, you guarantee that all information you provide is correct and current. You are responsible for the security of your account and password.

Authorized User

You may authorize other users to access your account. You are liable for all activities carried out by authorized users under your account.

Communication

By creating an account, you agree to receive communications from us. However, you can unsubscribe from receiving these communications at any time.

Free Trial Period

Rocely may, at its discretion, offer a free trial period. At the end of the trial period, unless canceled, the subscription will automatically convert to a paid subscription.

Subscriptions

Our services are billed on a subscription basis. Subscriptions automatically renew unless canceled.

Fee Changes

Rocely reserves the right to change subscription fees. Changes take effect at the end of the current billing period, and you will be informed in a timely manner.

Refunds

Refunds are only granted if you cancel your subscription within 14 days of signing up or renewal.

Contests, Sweepstakes and Promotions

Contests, sweepstakes, and promotions are subject to separate rules. Please read the respective terms before participating.

Prohibited Uses

You agree not to use our services for illegal, harmful, or fraudulent purposes. The distribution of malware, circumvention of security measures, and collection of personal data without consent are strictly prohibited.

Analytics

We use third-party providers, such as Google Analytics, to analyze the use of our services. For more information, see Google's Privacy Policy: https://policies.google.com/privacy.

Minors

Our services are accessible to persons 13 years of age or older. Users between 13 and 18 years of age require the consent of a parent or guardian. If we determine that an account has been created by a person under 13 years of age, the account will be immediately deleted.

Intellectual Property

All content and features of our services are the intellectual property of Rocely and protected by copyright and trademark laws. Use of this content without our express permission is prohibited.

User Data

We store data that you submit to us to provide the service. However, you are responsible for backing up your data.

Sharing and Processing of Personal Data with Third-Party Providers

To provide and optimize our services, we use third-party providers who may process personal data of our users. This may include services for automatic translation, speech recognition, content personalization, and other features.

Detailed information about what data we collect, how we use it, who we share it with, and what rights you have regarding your data can be found in our Privacy Policy. The Privacy Policy is an integral part of these Terms and Conditions.

AI Processing

We use artificial intelligence (AI) to enable and improve certain features of our platform. Data sent to AI models consists solely of user-supplied recipe content (title, description, ingredients, instructions, images, tags, etc.). No account or device metadata is forwarded.

Current sub-processors: We use the Google Gemini API as AI service providers.

Data retention: The Google Gemini API does not save any data. Solely a 24-hour cache-storage is persisted, which is completely eradicated after the 24 hours.

Purposes and legal bases: Recipe translation relies on legitimate interest; language detection and ingredient or nutrition suggestions rely on user consent. A blanket permission will cover similar AI features introduced later, provided users receive prior notice.

Consent and control: Consent is obtained when the user registers and thereby accepts the Terms and Conditions and Privacy Policy, including the AI clause. Users can disable individual AI features via toggles in their account settings.

Disclaimer: AI outputs may be erroneous, biased, or incomplete. We do not guarantee the accuracy, completeness, or quality of AI-generated content.

We respect the copyright of others. If you believe that content on our pages infringes your copyright, contact us at service@rocely.com.

Under the DMCA, you can file a notice of copyright infringement. For more information, visit the U.S. Copyright Office website: http://www.copyright.gov/legislation/dmca.pdf.

Error Reporting and Feedback

You can send us feedback or error reports at service@rocely.com. By submitting feedback, you grant us the right to use it.

References and Resources

Our services may contain links to third-party websites. We assume no responsibility for their content and privacy practices.

Disclaimer of Warranty

Our services are provided "as is" and "as available." We make no warranty as to the completeness or accuracy of the content.

Limitation of Liability

To the extent permitted by law, we are not liable for indirect, punitive, or incidental damages arising from the use of our services.

Cancellation

You can cancel your subscription at any time. Refunds are only possible within 14 days of signing up.

Termination

We may terminate your account at any time without notice, especially in case of violations of these Terms.

Force Majeure and Service Outages

We strive to keep our services available at all times but do not guarantee uninterrupted or error-free availability. Technical disruptions, maintenance, attacks by third parties (e.g., DDoS attacks), or other events beyond our control may lead to temporary outages or restrictions.

In cases of force majeure (e.g., natural disasters, governmental orders, power outages, network disruptions, cyber attacks) or other unforeseeable events, we are entitled to discontinue, restrict, or postpone our services in whole or in part. Liability for any resulting damages or losses is excluded to the extent permitted by law.

We assume no liability for damages, lost profits, or other claims based on our services being unavailable or only available to a limited extent. This limitation of liability does not apply if we have caused the unavailability intentionally or through gross negligence.

Dispute Resolution

Before taking legal action, please try to resolve disputes informally with us by contacting us at service@rocely.com.

Applicable Law

These Terms are subject to the laws of Munich, Germany. However, local legal provisions may take precedence.

Changes to Service

We reserve the right to change or discontinue our services at any time.

Changes to Terms

We may change these Terms at any time. It is your responsibility to review the Terms regularly.

Waiver and Severability

A waiver of a provision of these Terms does not constitute a waiver of future rights. If a provision of these Terms is deemed invalid, the remaining provisions remain in force.

Acknowledgment

BY USING OUR SERVICES, YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND AGREE TO THEM.

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