Terms & Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Two Minds Solutions FZ LLC, a company incorporated under the laws of the United Arab Emirates (“KitchUp,” “Company,” “we,” “us,” or “our”), governing your access to and use of the KitchUp mobile application, website, APIs, and all related services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 25. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND DELETE THE APPLICATION FROM YOUR DEVICES.

1. Acceptance of Terms

By creating an account, accessing, downloading, installing, or using any part of the Service, you represent and warrant that: (a) you have the legal capacity to enter into a binding agreement; (b) you agree to comply with these Terms and all applicable local, national, and international laws and regulations; (c) you have not previously been suspended or removed from the Service; and (d) your use of the Service does not violate any applicable law or regulation. Your continued use of the Service following any modification to these Terms constitutes your acceptance of such modifications.

2. Eligibility

The Service is intended for individuals who are at least sixteen (16) years of age. By using the Service, you represent and warrant that you are at least 16 years old. If you are between the ages of 16 and 18 (or the age of legal majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect personal information from individuals under the age of 16. If we discover that a user is under 16, we will immediately terminate their account and delete all associated data without notice or liability.

3. Description of Service

KitchUp is a cooking companion application that provides recipe management, meal planning, grocery list generation, nutrition tracking, and related features. The Service includes AI-powered tools for recipe import, recipe suggestions, nutritional analysis, ingredient substitution, food image recognition, barcode scanning, nutrition label scanning, voice transcription, and preparation checklists. The Service is available on iPhone, iPad, Mac, Apple Vision Pro, and via our website.

The Service is provided for informational and convenience purposes only. KitchUp is not a medical device, healthcare provider, licensed nutritionist, dietitian, or food safety authority. The Service does not provide medical advice, nutritional counseling, dietary prescriptions, or food safety certifications of any kind. No information provided through the Service should be construed as professional medical, health, nutritional, or dietary advice.

4. User Accounts

To access certain features of the Service, you must create an account using Sign in with Apple, Google, Facebook, Instagram, or other authentication methods we may offer. You are solely responsible for: (a) maintaining the confidentiality and security of your account credentials; (b) all activities that occur under your account, whether or not authorized by you; (c) ensuring that your account information is accurate, current, and complete; and (d) notifying us immediately at support@kitchup.app of any unauthorized use of your account or any other security breach.

We shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may not share your account with any other person, create multiple accounts, or create an account on behalf of another person without their express permission. We reserve the right to disable, suspend, or terminate any account at our sole discretion, without prior notice, for any reason or no reason, including suspected fraudulent, abusive, or unauthorized activity.

5. Subscriptions and Payments

5.1 Subscription Tiers

The Service offers free and paid subscription tiers (including “Pro” and “Family” plans). Certain features, including but not limited to advanced AI features, nutrition analysis, voice transcription, recurring meals, additional grocery lists, and AI-generated recipe images, are available exclusively to paid subscribers.

5.2 Billing Through Apple

All paid subscriptions are processed exclusively through Apple’s App Store In-App Purchase system. By subscribing, you agree to Apple’s terms of service and payment processing terms in addition to these Terms. We do not directly process, store, or have access to your payment card information. Subscription fees are billed in advance on a monthly or annual basis, as selected by you at the time of purchase.

5.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period through your Apple ID account settings. You are solely responsible for managing your subscription and cancellation. We are not responsible for charges incurred due to your failure to cancel in a timely manner.

5.4 No Refunds

All subscription payments are non-refundable. We do not provide refunds or credits for partial subscription periods, unused features, or dissatisfaction with the Service. Any refund requests must be directed to Apple in accordance with Apple’s refund policy. We have no obligation to honor refund requests processed by Apple and reserve the right to downgrade your subscription tier upon receipt of a refund notification from Apple.

5.5 Price Changes

We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of paid features after a price change constitutes your acceptance of the new price.

5.6 Family Plans

Family plan subscriptions allow designated family members to access certain shared features. The primary account holder is responsible for all activity under the family plan, including the conduct of family members. We may deactivate family features upon subscription expiration, downgrade, or refund without notice.

6. User Content

6.1 Your Content

You retain ownership of recipes, meal plans, grocery lists, food logs, images, and other content you create or upload to the Service (“User Content”). However, by submitting, posting, uploading, or otherwise making available any User Content through the Service, you hereby grant Two Minds Solutions FZ LLC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such User Content in any form, medium, or technology now known or hereafter developed, for any purpose, including but not limited to: (a) providing, improving, and personalizing the Service; (b) training, improving, and developing our AI models and algorithms; (c) creating anonymized or aggregated datasets; (d) marketing and promotional purposes; and (e) any other lawful business purpose.

This license survives termination of your account. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing license for all User Content you submit.

6.2 Content Responsibility

You are solely responsible for all User Content you submit through the Service. We do not endorse, verify, or guarantee the accuracy, completeness, safety, or quality of any User Content. We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason, without notice.

6.3 Feedback

Any feedback, suggestions, ideas, or improvements you provide regarding the Service (“Feedback”) shall become the exclusive property of Two Minds Solutions FZ LLC. You hereby irrevocably assign all right, title, and interest in and to such Feedback, including all intellectual property rights therein, to us without any obligation of compensation or attribution.

7. Imported Content and Copyright Compliance

The Service allows you to import recipes and content from external websites, social media platforms, images, audio, video, and other sources (“Imported Content”). You acknowledge and agree that:

• You are solely responsible for ensuring that your importation and use of any Imported Content complies with all applicable copyright, intellectual property, and other laws.
• KitchUp’s import feature is a tool that operates at your direction. We act merely as a passive conduit for content you choose to import and do not independently select, curate, or endorse any Imported Content.
• We make no representations or warranties regarding the legality, accuracy, or copyright status of any Imported Content.
• You shall indemnify, defend, and hold harmless Two Minds Solutions FZ LLC from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to any copyright infringement or intellectual property violation resulting from your importation or use of Imported Content.
• We comply with applicable copyright laws and will respond to valid takedown notices. We reserve the right to remove any Imported Content that we believe, in our sole discretion, may infringe upon the rights of any third party.
• Repeated or egregious copyright violations may result in immediate termination of your account without notice or refund.

8. AI-Generated Content — Critical Disclaimers

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS REGARDING AI-GENERATED CONTENT THAT DIRECTLY AFFECT YOUR SAFETY.

KitchUp uses artificial intelligence and machine learning systems (including third-party AI providers) to power various features of the Service, including but not limited to: recipe extraction, recipe suggestions, nutritional analysis and estimation, ingredient substitution, food image recognition, barcode scanning, nutrition label scanning, voice transcription, preparation checklists, meal planning assistance, and grocery list generation (collectively, “AI Features”).

By using any AI Feature, you expressly acknowledge, understand, and agree to each of the following:

• AI is inherently imperfect and may produce errors. AI-generated content, including recipes, nutritional data, ingredient lists, allergen information, substitution suggestions, and preparation instructions, may contain inaccuracies, omissions, errors, or “hallucinations.” You must independently verify all AI-generated content before relying upon it.
• Nutritional information is an estimate only. All AI-calculated nutritional data (including but not limited to calories, macronutrients, micronutrients, vitamins, minerals, fiber, sugar, and sodium) are rough approximations and should never be treated as precise, verified, or certified values. Actual nutritional content may vary significantly based on specific brands, regional variations, preparation methods, cooking techniques, portion sizes, and other factors. We do not guarantee the accuracy of any nutritional information.
• Allergen detection is unreliable. While the Service may attempt to identify common allergens, AI systems cannot reliably detect all allergens, cross-contamination risks, trace ingredients, or hidden allergens. You must never rely solely on KitchUp to identify allergens. If you have food allergies, intolerances, or sensitivities of any kind, you must independently verify every ingredient in every recipe, including AI-suggested substitutions, before preparing or consuming any food.
• Ingredient substitutions may be unsafe. AI-suggested ingredient substitutions may not account for allergies, dietary restrictions, drug interactions, food safety considerations, or individual health conditions. You are solely responsible for evaluating the safety and suitability of any suggested substitution.
• Image and barcode recognition may be incorrect. Food image recognition, barcode scanning, and nutrition label scanning features may misidentify foods, products, or nutritional values. You must always verify results against the actual product packaging or authoritative sources.
• Voice transcription may contain errors. Voice-to-text features may misinterpret your speech, resulting in incorrect ingredients, quantities, or instructions. Always review transcribed content before use.
• You assume all risk. You expressly assume all risk associated with your use of and reliance upon AI-generated content. Two Minds Solutions FZ LLC, its officers, directors, employees, contractors, and affiliates shall have no liability whatsoever for any harm, injury, illness, allergic reaction, adverse health event, hospitalization, or death arising from your use of or reliance upon AI-generated content.

9. Health, Nutrition, and Dietary Disclaimers

THIS SECTION CONTAINS CRITICAL HEALTH AND SAFETY INFORMATION. PLEASE READ IT IN ITS ENTIRETY.

9.1 Not Medical or Professional Advice

The Service, including all nutrition tracking, calorie counting, macro tracking, meal planning, food logging, weight tracking, workout logging, body measurement features, AI-generated nutritional analysis, dietary recommendations, and any other health-related features, is provided for informational and convenience purposes only and does not constitute:

• Medical advice, diagnosis, or treatment
• Nutritional counseling or dietetic advice
• Professional dietary prescriptions or meal planning
• Food safety certification or guidance
• Fitness or exercise prescriptions
• Mental health or eating disorder treatment

9.2 Consult a Healthcare Professional

You should always consult with a qualified healthcare professional, licensed physician, registered dietitian, or certified nutritionist before: (a) making any significant changes to your diet; (b) beginning any weight loss or weight management program; (c) starting any new exercise regimen; (d) relying on any nutritional information for medical purposes; or (e) using the Service if you have any medical condition, food allergy, eating disorder (past or present), pregnancy, or any other health concern. Failure to consult appropriate medical professionals may result in serious injury or death for which Two Minds Solutions FZ LLC bears no responsibility.

9.3 Allergies and Food Safety

IF YOU HAVE FOOD ALLERGIES, INTOLERANCES, OR SENSITIVITIES, YOU USE THIS SERVICE ENTIRELY AT YOUR OWN RISK. The Service may fail to identify allergens, may incorrectly label foods as “safe,” may suggest recipes or substitutions containing your allergens, or may otherwise provide information that could trigger an allergic reaction. You must always:

• Independently verify every ingredient in every recipe against your known allergens
• Check actual product labels and packaging, not rely on our database or AI analysis
• Consult with a board-certified allergist regarding your dietary needs
• Carry appropriate emergency medication (e.g., epinephrine auto-injectors) at all times
• Never rely solely on KitchUp for allergen identification or food safety decisions

9.4 Eating Disorders

Calorie counting, food logging, weight tracking, and macro tracking features may be harmful to individuals with a history of or predisposition to eating disorders. If you have or suspect you have an eating disorder, do not use the nutrition tracking features of this Service. We are not responsible for any exacerbation of eating disorders or related psychological harm resulting from use of the Service.

9.5 Assumption of Risk

By using any health, nutrition, dietary, or fitness-related features of the Service, you expressly acknowledge that: (a) you have been advised to consult a healthcare professional; (b) you voluntarily assume all risks associated with the use of such features; (c) you release and discharge Two Minds Solutions FZ LLC from all claims, demands, damages, losses, and causes of action arising from or related to your use of health and nutrition features; and (d) this release applies even in cases of negligence by Two Minds Solutions FZ LLC.

10. Apple Health Integration

With your explicit permission, KitchUp may read from and write to Apple Health, including but not limited to steps, workouts, weight, and related health metrics. You acknowledge and agree that:

• Apple Health integration is provided “as is” and data synchronization may be incomplete, delayed, or inaccurate.
• We are not responsible for any errors, data loss, or data corruption in Apple Health resulting from the use of KitchUp.
• Your use of Apple Health is subject to Apple’s terms and conditions.
• You may revoke Apple Health access at any time through your device settings. Revoking access does not retroactively delete data previously synced.
• We do not share Apple Health data with third parties or use it for advertising purposes.

11. Third-Party Integrations and Services

11.1 Shopping Integrations

The Service may integrate with third-party shopping platforms and grocery service providers (“Shopping Partners”). You acknowledge and agree that:

• Product availability, pricing, and product information provided through Shopping Partners are controlled entirely by those third parties and may be inaccurate, outdated, or incomplete.
• We do not guarantee that products suggested or linked through Shopping Partners are the correct products, the correct quantities, free of allergens, or suitable for your dietary needs.
• Any purchases made through Shopping Partners are transactions between you and the Shopping Partner. We are not a party to such transactions and bear no responsibility for product quality, delivery, pricing disputes, or any other issue arising from such purchases.
• Shopping Partner integrations may be modified, suspended, or discontinued at any time without notice.

11.2 Third-Party Authentication

When you authenticate using Apple, Google, Facebook, Instagram, or other third-party providers, your use of those services is governed by their respective terms and privacy policies. We are not responsible for the availability, security, or practices of third-party authentication providers. If a third-party provider suspends or terminates your account with them, you may lose access to the Service.

11.3 Third-Party Content and Links

The Service may contain links to third-party websites, content, or resources. We do not endorse, control, or assume responsibility for any third-party content. Your interaction with third-party websites is solely at your own risk and subject to the terms and policies of those third parties.

12. Family Features

The Service offers family sharing features, including shared grocery lists, recipe sharing, and family member permissions. You acknowledge and agree that:

• The primary account holder is responsible for inviting and managing family members and for all activity conducted under the family plan.
• Shared content may be viewed, edited, or deleted by other authorized family members. We are not responsible for modifications made by family members, including modifications that remove allergen warnings, change ingredients, alter nutritional information, or otherwise affect food safety.
• You are responsible for communicating allergen information, dietary restrictions, and food safety concerns directly with your family members outside of the Service.
• We may deactivate family features upon subscription expiration, downgrade, account termination, or at our sole discretion.

13. Acceptable Use Policy

You agree not to, and shall not permit any third party to:

• Use the Service for any unlawful, fraudulent, or malicious purpose
• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems, networks, or databases
• Interfere with, disrupt, or place an unreasonable burden on the Service or connected infrastructure
• Transmit any malicious code, virus, worm, trojan, or other harmful software
• Use automated means (including bots, scrapers, crawlers, or spiders) to access the Service except through our officially provided APIs
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service
• Resell, redistribute, sublicense, or commercially exploit the Service or any part thereof
• Use the Service to develop a competing product or service
• Circumvent, disable, or interfere with any security, access control, or technical protection features of the Service
• Upload, submit, or transmit any content that is defamatory, obscene, threatening, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Service to collect or harvest personal information of other users
• Abuse the recipe import feature to systematically scrape, reproduce, or redistribute copyrighted content from third-party sources

Violation of this Acceptable Use Policy may result in immediate termination of your account, without prior notice, refund, or liability to you.

14. Beta and Experimental Features

From time to time, we may offer certain features designated as “beta,” “experimental,” “preview,” or similar designations (“Beta Features”). Beta Features may include, without limitation, AI-powered barcode scanning, nutrition label scanning, food image recognition, voice-based meal logging, AI recipe image generation, and any newly introduced features. You acknowledge and agree that:

• Beta Features are provided “as is” and “as available” without any warranty of any kind, and may contain bugs, errors, inaccuracies, or defects.
• Beta Features may be unreliable, incomplete, or significantly inaccurate and should not be relied upon for any critical purpose, especially food safety or health decisions.
• We may modify, suspend, or permanently discontinue any Beta Feature at any time without notice or liability.
• Your use of Beta Features is entirely at your own risk, and the limitation of liability and disclaimer of warranties provisions in these Terms apply with full force to Beta Features.
• Any feedback you provide regarding Beta Features shall be governed by Section 6.3 of these Terms.

15. Intellectual Property

15.1 Our Intellectual Property

The Service, including but not limited to its software, code, algorithms, AI models, design, layout, text, graphics, logos, icons, images, audio, video, data compilations, user interface, and overall look and feel (collectively, “KitchUp IP”), is the exclusive property of Two Minds Solutions FZ LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you herein are reserved.

15.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes. This license does not include the right to: (a) modify or create derivative works based on the Service; (b) distribute, publicly display, or publicly perform any KitchUp IP; (c) use any data mining, scraping, or similar data gathering methods; or (d) use the Service for any commercial purpose.

15.3 Trademarks

“KitchUp,” the KitchUp logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Two Minds Solutions FZ LLC. You may not use such marks without our prior written permission.

16. Advertising

The free version of the Service displays advertisements provided by third-party advertising networks (including but not limited to Google AdMob). You acknowledge and agree that:

• Advertisements may be targeted based on your device information, usage patterns, location, and other factors, subject to your device privacy settings.
• We do not control the content of third-party advertisements and are not responsible for the accuracy, quality, legality, or safety of advertised products or services.
• Your interaction with any advertiser is solely between you and that advertiser. We are not liable for any loss or damage resulting from your dealings with advertisers.
• We do not share your recipe, meal plan, or health/nutrition tracking data with advertising partners.
• Ad-free experience is available through paid subscription tiers.

17. Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Service, you consent to the collection, use, storage, and disclosure of your information as described in the Privacy Policy.

18. Data Retention and Anonymization

Upon deletion of your account, we will delete or anonymize your personal data within thirty (30) days, subject to the following exceptions:

• We may retain anonymized, aggregated, or de-identified data derived from your use of the Service indefinitely. Such data cannot reasonably be used to identify you and may be used for analytics, research, AI model improvement, and any other lawful business purpose.
• We may retain data as required by applicable law, regulation, legal process, or governmental request.
• We may retain data necessary to enforce these Terms, protect our rights, or resolve disputes.
• Backups containing your data may persist for up to ninety (90) days following account deletion.
• Content you shared with other users (e.g., through family features) may continue to exist in those users’ accounts.

19. Service Availability and Modifications

We strive to maintain the availability of the Service but do not guarantee uninterrupted, error-free, or secure access. You acknowledge and agree that:

• The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control.
• We reserve the right to modify, update, suspend, or discontinue any part or all of the Service at any time, with or without notice, for any reason or no reason.
• We are not liable for any loss of data, recipes, meal plans, tracking data, or other content resulting from service interruptions, modifications, or discontinuation.
• Features available in the free or paid tiers may be changed, moved between tiers, or removed at any time.
• We have no obligation to maintain, support, or update the Service or any particular feature.

20. Termination

20.1 Termination by Us

We may terminate, suspend, or restrict your access to the Service at any time, without prior notice, without cause, and without liability to you, for any reason, including but not limited to: (a) breach or suspected breach of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) upon request by law enforcement or governmental authorities; (d) extended periods of inactivity; (e) discontinuation of the Service; or (f) at our sole discretion for any other reason. We shall not be liable to you or any third party for any termination of your access to the Service.

20.2 Termination by You

You may delete your account at any time through the app settings. Account deletion does not entitle you to any refund of subscription fees. Deleting the app from your device does not automatically delete your account or cancel your subscription.

20.3 Effect of Termination

Upon termination of your account, regardless of reason: (a) your right to use the Service immediately ceases; (b) you remain liable for all obligations accrued prior to termination; (c) the following sections survive termination: Sections 6 (User Content), 7 (Imported Content), 8 (AI Disclaimers), 9 (Health Disclaimers), 15 (Intellectual Property), 18 (Data Retention), 21 (Disclaimer of Warranties), 22 (Limitation of Liability), 23 (Indemnification), 25 (Arbitration), 26 (Governing Law), and any other sections that by their nature should survive.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TWO MINDS SOLUTIONS FZ LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE
• WARRANTIES THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY OF NUTRITIONAL INFORMATION, AI-GENERATED CONTENT, ALLERGEN DETECTION, OR ANY HEALTH-RELATED INFORMATION
• WARRANTIES REGARDING THE ACCURACY OF FOOD IMAGE RECOGNITION, BARCODE SCANNING, OR NUTRITION LABEL SCANNING
• WARRANTIES REGARDING THE COMPATIBILITY OR INTEROPERABILITY OF THE SERVICE WITH ANY THIRD-PARTY SOFTWARE, HARDWARE, OR SERVICES

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TWO MINDS SOLUTIONS FZ LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

22. Limitation of Liability

22.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWO MINDS SOLUTIONS FZ LLC, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY, BODILY HARM, ILLNESS, ALLERGIC REACTION, OR DEATH
• PROPERTY DAMAGE OR FOOD SPOILAGE
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES ARISING FROM RELIANCE ON AI-GENERATED CONTENT, NUTRITIONAL INFORMATION, ALLERGEN INFORMATION, OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICE
• ANY OTHER MONETARY LOSS

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TWO MINDS SOLUTIONS FZ LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TWO MINDS SOLUTIONS FZ LLC FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TWO MINDS SOLUTIONS FZ LLC (THROUGH APPLE IN-APP PURCHASES) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY UNITED STATES DOLLARS (US $50.00), WHICHEVER IS LESS.

If you are a free-tier user who has not made any payments, our maximum aggregate liability to you shall be zero (US $0.00).

22.3 Essential Basis of the Bargain

You acknowledge and agree that the limitations of liability and exclusions of damages set forth in this Section 22 reflect a fair and reasonable allocation of risk between you and Two Minds Solutions FZ LLC, and that these limitations form an essential basis of the bargain between you and us. Two Minds Solutions FZ LLC would not provide the Service to you without these limitations.

23. Indemnification

You agree to indemnify, defend, and hold harmless Two Minds Solutions FZ LLC, its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and suppliers (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:

• Your use of or access to the Service
• Your User Content or Imported Content
• Your violation of these Terms or any applicable law or regulation
• Your violation or infringement of any intellectual property, privacy, or other right of any third party
• Any claim that your User Content or Imported Content caused damage to a third party
• Any health consequence, injury, illness, allergic reaction, or death resulting from your reliance on information provided through the Service
• Your use of recipes, nutritional information, ingredient substitutions, or any other content obtained through the Service
• Any dispute between you and another user, including family plan members
• Your negligence or willful misconduct

This indemnification obligation shall survive termination of your account and these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, in which event you agree to cooperate with us in asserting any available defenses.

24. Copyright and Intellectual Property Claims (DMCA)

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright or other intellectual property rights, please send a written notice to support@kitchup.app containing:

• A description of the copyrighted work that you claim has been infringed
• A description of where the infringing material is located on the Service
• Your contact information (name, address, telephone number, and email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
• Your physical or electronic signature

We may remove allegedly infringing content at our sole discretion and may terminate repeat infringers’ accounts.

25. Dispute Resolution — Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

25.1 Agreement to Arbitrate

You and Two Minds Solutions FZ LLC mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and us (including the validity, enforceability, or scope of this arbitration provision) (“Dispute”) shall be resolved exclusively through final and binding arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its then-current arbitration rules. The seat of arbitration shall be Dubai, United Arab Emirates.

25.2 No Class Actions

YOU AND TWO MINDS SOLUTIONS FZ LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. The arbitrator shall have no authority to conduct any class, collective, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (but the remaining Terms shall remain in effect).

25.3 Waiver of Jury Trial

YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY in any proceeding arising out of or related to these Terms or the Service.

25.4 Arbitration Procedures

The arbitration shall be conducted by a single arbitrator. The language of the arbitration shall be English. The arbitrator shall apply the substantive laws of the United Arab Emirates. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees in connection with the arbitration, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award attorneys’ fees to the prevailing party.

25.5 Pre-Arbitration Dispute Resolution

Before initiating arbitration, you must first send a written notice of the Dispute to support@kitchup.app describing the nature and basis of the claim and the specific relief sought (“Dispute Notice”). We will attempt to resolve the Dispute informally within sixty (60) days of receiving the Dispute Notice. If the Dispute is not resolved within that period, either party may commence arbitration.

25.6 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

25.7 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to support@kitchup.app within thirty (30) days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you will still be bound by all other provisions of these Terms.

26. Governing Law

These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions. To the extent that any legal proceeding is permitted outside of arbitration (as set forth in Section 25), you and Two Minds Solutions FZ LLC consent to the exclusive jurisdiction of the courts located in Dubai, United Arab Emirates.

27. Force Majeure

Two Minds Solutions FZ LLC shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to: natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, cyberattacks, power outages, internet disruptions, telecommunications failures, strikes, labor disputes, or failures of third-party service providers (including Apple, cloud hosting providers, AI service providers, and payment processors).

28. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms at any time, at our sole discretion. Changes will be effective immediately upon posting to this page and updating the “Last updated” date above. We may, but are not obligated to, provide additional notice of material changes through the app or via email. Your continued use of the Service after any modification to these Terms constitutes your binding acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Service and delete your account.

29. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

30. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Two Minds Solutions FZ LLC regarding your use of the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

31. Waiver

No waiver by Two Minds Solutions FZ LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by Two Minds Solutions FZ LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

32. Assignment

You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign, delegate, or transfer these Terms and our rights and obligations hereunder, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

33. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Two Minds Solutions FZ LLC. Nothing in these Terms, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

34. Electronic Communications

By using the Service, you consent to receiving electronic communications from us (including emails, push notifications, and in-app messages). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

35. Contact Us

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

• Company: Two Minds Solutions FZ LLC
• Email: support@kitchup.app
• Website: https://kitchup.app