Terms of Service

If Customer and Creative Athletes have executed a Master Services Agreement, order form, statement of work, or other signed agreement covering the Service (an "Enterprise Agreement"), the Enterprise Agreement governs to the extent of any conflict with these Terms. These Terms apply in full where no Enterprise Agreement exists.

RecipeRM is a multi-tenant software-as-a-service platform for managing, localizing, and publishing recipe content across countries, languages, and domains. The Service includes the administrative application, consumer-facing content delivery, application programming interfaces where included in Customer's plan, and related features described in Customer's plan or Enterprise Agreement.

We may improve, modify, or update the Service on an ongoing basis. We will not materially reduce the core functionality of the Service during a paid subscription term.

Customer is responsible for the acts and omissions of every user it authorizes, for maintaining the confidentiality of credentials, and for notifying us promptly of any unauthorized access. Access is provisioned per user; credentials may not be shared. Customer will ensure its users are at least 18 years of age.

"Customer Content" means all content submitted to the Service by or for Customer, including recipes, text, images, video links, chef profiles, product data, trademarks, and brand assets.

Customer owns Customer Content. Nothing in these Terms transfers ownership of Customer Content to Creative Athletes. Customer grants Creative Athletes a limited, non-exclusive, worldwide license to host, store, process, reproduce, display, adapt (for example, to render translations and formats), and transmit Customer Content solely as necessary to provide, secure, and support the Service. This license ends when Customer Content is deleted from the Service, subject to reasonable backup cycles.

Customer represents that it has all rights necessary to submit Customer Content and that Customer Content does not infringe any third-party right or violate any law.

The Service is architected for tenant isolation. We do not share, disclose, sell, or make available one Customer's content, data, configurations, or usage information to any other customer or tenant of the Service, and we do not use one Customer's content or data to benefit, train models for, or inform recommendations delivered to any other customer. Aggregated, fully anonymized operational metrics that cannot identify any Customer or Customer Content (for example, total platform recipe counts) may be used to operate and market the Service.

"Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood to be confidential, including Customer Content, business plans, pricing, product roadmaps, and security information. Confidential Information does not include information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is rightfully received from a third party.

Each party will: (a) use the other party's Confidential Information only to perform under these Terms; (b) protect it with at least the same degree of care it uses for its own confidential information, and no less than reasonable care; (c) limit access to personnel and contractors who need it and are bound by obligations at least as protective; and (d) not disclose it to any third party except as permitted here or required by law, in which case the disclosing party will, where lawful, provide prompt notice so the other party may seek protection. These obligations survive termination for five (5) years, and for Customer Content and trade secrets, for as long as the information remains confidential.

Customer grants Creative Athletes a non-exclusive, worldwide, royalty-free license to use Customer's name and logo to identify Customer as a customer of RecipeRM on the RecipeRM website, in sales presentations, and in marketing materials, in accordance with any brand guidelines Customer provides. Customer may revoke this license at any time by written notice to hello@reciperm.io, and we will remove the applicable name and logo from digital materials within thirty (30) days. Any use of Customer's name or logo beyond identification as a customer (for example, a case study, quote, or press release) requires Customer's prior written approval.

Customer will not, and will not permit any user to: (a) use the Service to store or transmit unlawful, infringing, or harmful material; (b) attempt to access another tenant's data or probe, scan, or test the vulnerability of the Service without written authorization; (c) reverse engineer, decompile, or copy the Service or access it to build a competing product; (d) resell or provide the Service to third parties except as expressly permitted by Customer's plan; (e) interfere with the integrity or performance of the Service; or (f) use the Service in violation of applicable law, including export and sanctions laws.

The Service includes AI-assisted features (including translation, content suggestions, and editorial assistance) powered by third-party foundation models, currently provided by Anthropic. Customer Content processed by AI features is processed to deliver the feature to Customer and is subject to Section 5 (tenant isolation) and our agreements with the model provider. AI outputs are suggestions: Customer reviews and approves content before publication, and Customer is responsible for content it publishes. Where the Service permits Customer to connect its own third-party AI provider credentials, Customer's use of that provider is governed by Customer's own agreement with that provider, and Customer is responsible for associated fees and compliance.

We use vetted third-party providers to operate the Service, including infrastructure, storage, database, email, and AI processing providers. Our current sub-processors are listed in our Privacy Policy. We remain responsible for our sub-processors' handling of Customer data to the same standard required of us under these Terms.

Fees, billing frequency, payment terms, and any applicable taxes are set out in Customer's plan, order form, or Enterprise Agreement. Unless otherwise agreed in writing: fees are quoted and payable in U.S. dollars, are exclusive of taxes, and are non-refundable except as expressly stated. We may suspend access for accounts with undisputed overdue amounts after reasonable notice.

These Terms apply for as long as Customer uses the Service. Either party may terminate for material breach uncured within thirty (30) days of written notice. We may suspend access immediately where reasonably necessary to protect the Service, other customers, or to comply with law, and will restore access promptly once the cause is resolved.

Upon termination or expiration: (a) Customer's access ends; (b) upon request made within thirty (30) days, we will make Customer Content available for export in a reasonable format; and (c) we will thereafter delete Customer Content from active systems within sixty (60) days, subject to routine backup cycles and legal retention requirements.

Each party warrants it has the authority to enter into these Terms. We warrant that we provide the Service using commercially reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS," AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO A PARTY'S BREACH OF SECTION 6 (CONFIDENTIALITY), CUSTOMER'S PAYMENT OBLIGATIONS, A PARTY'S INDEMNIFICATION OBLIGATIONS, OR A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

We will defend Customer against third-party claims alleging that the Service, as provided by us and used as permitted, infringes a U.S. patent, copyright, or trademark, and will pay resulting damages finally awarded or agreed in settlement, provided Customer promptly notifies us and gives us control of the defense. This does not apply to claims arising from Customer Content, combinations with items not provided by us, or use in violation of these Terms; Customer will defend us against such claims on the same conditions.

These Terms are governed by the laws of the State of North Carolina, excluding its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina. Nothing here prevents either party from seeking injunctive relief in any court of competent jurisdiction.

These Terms, together with the Privacy Policy, Cookie Policy, and any Enterprise Agreement, are the entire agreement regarding the Service. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Failure to enforce a provision is not a waiver. If any provision is unenforceable, the remainder stays in effect. Notices to us: hello@reciperm.io. We may update these Terms; material changes will be posted with a new effective date, and continued use after the effective date constitutes acceptance. For customers with an Enterprise Agreement, changes to these Terms do not modify the Enterprise Agreement.

Creative Athletes LLC
7308 E Independence Blvd, Suite C #1061, Charlotte, NC 28277, USA
hello@reciperm.io