Cooked Corp. End User License Agreement (EULA)

1) Eligibility

You must be at least 13 years old to use the Services. The Services are not intended for children under 13, and you may not use the Services if you are under 13.

2) License to use the Services

Subject to this Agreement, Cooked grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

Cooked and its licensors reserve all rights not expressly granted to you.

3) Accounts and security

You may need an account to use certain features. You agree to provide accurate information and keep your login credentials secure. You are responsible for all activity that occurs under your account.

4) User Content and visibility

The Services may allow you to create, upload, or share content, including posts, recipes, photos, likes, and comments ("User Content").

Public by default

You understand and agree that, by default, your profile and User Content are public and may be visible to other users and the public, depending on how the Services are accessed. You are responsible for what you choose to share.

Your rights

You retain ownership of your User Content.

License to Cooked

By submitting User Content, you grant Cooked a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting/display), distribute, publicly display, publicly perform, and otherwise use your User Content to operate, provide, improve, and promote the Services, including making your public User Content available to others as part of the Services.

Your responsibilities

You represent and warrant that:

• you have all rights necessary to submit the User Content, and
• your User Content and your use of the Services do not violate any law or infringe any third-party rights.

5) User deletion of content

Where supported, you may delete certain User Content you've posted. Comments may not be deletable by users at this time. Cooked may retain backups for a limited period or as required for legal, security, or operational reasons.

6) Acceptable use

You agree not to:

• violate any law or regulation;
• infringe intellectual property, privacy, or other rights;
• post or share content that is hateful, harassing, pornographic/sexually explicit, or illegal;
• upload malware or attempt to disrupt the Services;
• scrape, crawl, reverse engineer, or bypass security measures (except as permitted by law);
• impersonate others or misrepresent your affiliation;
• use the Services to send spam or unsolicited promotions.

7) Enforcement and moderation

Cooked may (but is not obligated to) monitor the Services and may remove or restrict access to any User Content or suspend/terminate accounts at any time, including if we believe you violated this Agreement or if necessary to protect Cooked, the Services, or others.

8) Third-party services and links

The Services may integrate with or link to third-party services. Cooked does not control third-party services, and your use of them is governed by their terms and policies. Cooked is not responsible for third-party services.

9) Apple App Store terms (iOS)

If you use the iOS app, you acknowledge and agree that:

• This Agreement is between you and Cooked, not Apple.
• Apple has no obligation to furnish maintenance or support services for the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any) for the app; to the maximum extent permitted by law, Apple will have no other warranty obligation.
• Apple is not responsible for addressing any claims relating to the app or your possession and/or use of the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, or claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app or your use of it infringes a third party's intellectual property rights.
• Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

10) Beta / experimental features

Some features may be offered as beta, experimental, or "early access" features. These features may not work correctly, may change, or may be discontinued at any time, and are provided as-is.

11) Updates and changes

Cooked may update the Services, including adding, modifying, or removing features. We may also update this Agreement from time to time. If we make material changes, we'll post an updated version. Your continued use of the Services after changes become effective means you accept the updated Agreement.

12) Termination and account deletion

You may stop using the Services at any time.

Cooked may suspend or terminate your access to the Services at any time as described in Section 7.

Account deletion: You may request account deletion by emailing hello@cookedhq.com. We will delete your account and associated data when practical, subject to legal, security, and operational requirements (for example, retaining certain logs or records for compliance or abuse prevention).

13) Intellectual property

The Services (excluding User Content) include Cooked's software, designs, trademarks, and other proprietary materials ("Cooked Content"). You may not copy, modify, distribute, sell, lease, or create derivative works from Cooked Content except as expressly permitted by this Agreement.

14) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COOKED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COOKED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

15) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOKED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOKED'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED US $100.

16) Indemnification

You agree to indemnify, defend, and hold harmless Cooked and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement.

17) Governing law

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles.

18) Arbitration agreement and class action waiver (important)

Please read this section carefully. It affects your legal rights.

a. Informal resolution first

Before starting arbitration, you agree to contact us at hello@cookedhq.com and provide a brief description of the dispute and your contact information. You and Cooked agree to try to resolve the dispute informally for at least 30 days.

b. Agreement to arbitrate

Except for disputes that qualify for small claims court (see Section 18d) or requests for injunctive relief related to intellectual property or unauthorized access, any dispute, claim, or controversy arising out of or relating to the Services or this Agreement will be resolved by binding arbitration rather than in court.

c. Arbitration procedures

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or other applicable AAA rules). The arbitration will be conducted on an individual basis. The arbitrator may award the same damages and relief as a court, subject to this Agreement.

d. Small claims court option

Either party may bring an individual claim in small claims court if it qualifies and remains in small claims court.

e. Class action waiver

You and Cooked agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

f. Location and fees

The arbitration may be conducted by phone, video, or based on written submissions, unless an in-person hearing is required. Fees will be allocated according to AAA rules and applicable law.

g. Opt-out

If you want to opt out of arbitration, you may do so by emailing hello@cookedhq.com within 30 days of first accepting this Agreement with the subject line "Arbitration Opt-Out" and including your name and the email associated with your account. Opting out will not affect your use of the Services, but disputes will be resolved in court under Section 19.

19) If arbitration doesn't apply: venue

If Section 18 does not apply to a dispute, you and Cooked agree to exclusive jurisdiction and venue in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

20) Miscellaneous

• Severability: If any part of this Agreement is found unenforceable, the rest remains in effect.
• No waiver: Failure to enforce any provision is not a waiver.
• Assignment: You may not assign this Agreement without Cooked's consent. Cooked may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets.
• Entire agreement: This Agreement is the entire agreement between you and Cooked regarding the Services and supersedes prior agreements on this subject.