Terms of Service

These terms are an agreement between you and FUMET LLC, an Oregon limited liability company ("Fumet", "we", "us"). They cover your use of the Fumet apps, the website at getfumet.com, and anything you buy from us. By creating an account, buying a plan or using Fumet, you agree to them. Our privacy policy (at getfumet.com/privacy) explains how we handle your information.

1. Who can use Fumet

You must be at least 13 years old to use Fumet, or 16 in the EEA and UK. If you use Fumet for an organization, you confirm you can agree to these terms on its behalf.

2. Your account

You can use much of the Fumet app without an account. Some features need one, including the website, sync and shared households.

When you create an account:

• give us an email address you can receive mail at;
• keep your password to yourself;
• tell us at [email protected] if you think someone else has used your account.

You're responsible for what happens under your account.

3. Plans and purchases

What's available

Fumet has a free plan and paid plans. Each plan's features and limits, and the current prices, are shown on our pricing page and in the app at the time you buy. Prices are in US dollars unless the store shows otherwise. They don't include taxes, which are added where required.

• Free.
  • In the app: no time limit, within the free plan's limits.
  • On the website: a free account can be used for 14 days from sign-up. After that its content becomes read-only, and we delete it 90 days later unless you subscribe. We email you before we do (see the privacy policy).
• Pantry is a one-time purchase.
  • It gives you a perpetual license to use the Fumet app on one device at a time, keeping your data on that device.
  • You can move the license to another device; the old device stops working when the new one takes over.
  • Additional seats for additional devices can be bought in the app stores.
  • Pantry does not include sync, the website or other features that rely on our servers.
  • "Perpetual" means the license doesn't expire. An installed copy keeps working even if we stop offering Fumet, but anything that needs our servers may not. See section 11.
• Subscriptions (Standard, Family and Pro) are billed monthly or yearly.
  • A Family plan covers up to six people. Each person has their own account, and the subscriber invites the others.
  • A Pro plan includes everything in Family, plus Pro's own features.

We don't offer free trials of paid plans.

Where you buy

Purchases made through the App Store, the Mac App Store or Google Play are handled by Apple or Google, under their terms. Their terms decide billing, renewal, cancellation and refunds for those purchases. Purchases on our website or in the Windows app are processed by Stripe on our behalf.

Renewal and cancellation

Renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, until you cancel. If we change a subscription's price, we'll tell you in advance, and the new price applies from your next renewal.

How to cancel:

• Bought on our website or in Windows: cancel any time from your account page, under Manage billing.
• Bought through Apple or Google: cancel in your store account.

After you cancel:

• You keep your paid features until the end of the period you've paid for.
• Your account then moves to the free plan.
• Canceling does not delete your data. See the privacy policy for what happens to web data on a free account.

Changing plans. If you upgrade, you're charged the prorated difference straight away. If you downgrade, the change takes effect at your next renewal.

Failed payments. If a payment fails, we'll retry it for about two weeks. If every retry fails, the subscription is canceled.

Deleting your account. Deleting your account cancels a subscription you pay for through our website immediately, without a refund for the rest of the period. It does not cancel an App Store or Google Play subscription.

Refunds

Purchases from Apple or Google. Refunds are handled by Apple or Google under their policies. Request one from the store. If a store refunds a Pantry purchase, the license or seat it paid for stops working.

Purchases from us (website or Windows):

• Pantry license or yearly subscription: if you ask within 14 days of purchase, or of a yearly renewal, we'll refund it in full.
• Monthly subscriptions: not refunded, except as described for EEA and UK customers below. You can cancel at any time to stop the next charge.
• Partial periods: not refunded, except where the law requires it.

To ask for a refund, email [email protected] from your account's email address.

4. Fair use

Paid subscriptions set no plan limit on the recipes, cookbooks, shopping lists, meal plans and pantry items you keep. Each collection stored on Fumet's servers does have a fair-use ceiling, set far above anything a real kitchen reaches, so that a runaway script or a sync loop cannot grow one account without bound. Pantry keeps everything on your device and has no ceiling.

An account that reaches a ceiling can no longer add to that collection. Nothing already saved is changed or removed, and support will talk it through with you.

5. Your content

What's yours. You own what you put into Fumet: your recipes, photos, notes, plans, lists and everything else.

What you let us do with it. You give us permission to store, copy, process and display your content only as needed to run Fumet for you. That includes:

• syncing your content between your devices;
• showing it to people you choose to share it with;
• keeping backups.

This permission ends when you delete the content or your account, apart from copies in backups until they expire. We don't use your content to advertise, and we don't sell it.

Sharing. When you share a recipe link, anyone with the link can see that recipe until you turn the link off. When you share with a household or a shopping list, its members can see, and in some cases change, what you share.

Importing. When you import a recipe from a website, Fumet makes a copy for your own use. You're responsible for having the right to copy and share what you import or upload. Publishing a share link to someone else's recipe may infringe their copyright.

Responsibility. You're responsible for your content. Don't upload anything you don't have the right to use.

6. Acceptable use

Don't use Fumet to:

• break the law or infringe anyone's rights;
• upload malware or content that is unlawful, hateful or sexually explicit, including through share links;
• get into accounts, systems or data that aren't yours, or probe, scan or test Fumet's security without our written permission. Report security issues to [email protected];
• overload Fumet, get around its limits or bot checks, or access it by automated means other than the apps and features we provide;
• copy, resell or redistribute Fumet or its knowledge-base content;
• use invitations or the waitlist to send email to people who haven't asked for it.

7. Food, health and nutrition

Fumet helps you cook. It is not a substitute for your own judgment or for medical advice.

• Nutrition information is an estimate, calculated from public data (including the US Department of Agriculture's FoodData Central) and from what you enter. It may be incomplete or wrong.
• Allergen and dietary flags depend on the ingredients and profiles you and others enter. They can miss an ingredient or a cross-contamination risk. If you or someone you cook for has a serious allergy, check every ingredient and label yourself.
• Recipes, timings, temperatures and techniques, including those in our knowledge base, are general guidance. Follow safe food-handling practice, and check that food is cooked to a safe temperature.

8. Our content and the app

What's ours. Fumet's software, design, name, logo and knowledge-base content belong to FUMET LLC or its licensors.

Your license to use Fumet. We give you a personal, non-exclusive, non-transferable license to use the apps and website for your own, non-commercial cooking, under these terms and the plan you have. Don't reverse-engineer, modify or redistribute the apps, except where the law allows you to.

Feedback. If you send us feedback or ideas, we can use them without owing you anything.

9. Apple

If you got the app from Apple's App Store, these additional terms apply:

• These terms are between you and FUMET LLC, not Apple. Apple is not responsible for the app or its content.

• Your license to use the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as the Usage Rules in the App Store's terms allow. A Pantry license or subscription may also be used by other accounts in your Family Sharing group where the App Store allows it.

• Apple has no obligation to provide maintenance or support for the app.

• If the app fails to meet any applicable warranty, you can notify Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for the app.

• Apple is not responsible for any claims about the app, including:

  • product liability;
  • failure to meet a legal or regulatory requirement;
  • consumer protection claims;
  • claims that the app infringes someone's intellectual property.

  FUMET LLC, not Apple, is responsible for investigating, defending and settling these claims.

• You confirm that you are not in a country subject to a US government embargo, and are not on a US government list of prohibited or restricted parties.

• When you use the app, you must also comply with any third-party agreement that applies, such as your mobile data plan.

• Questions, complaints and claims about the app go to FUMET LLC, at the address under Contact below.

• Apple and its subsidiaries are third-party beneficiaries of these terms and can enforce them against you.

10. Third-party services

Fumet relies on services run by others, such as the app stores, our payment providers and our hosting providers. Their terms may also apply to you. We're not responsible for services we don't control.

11. Changes, availability and ending

Changes.

• We're improving Fumet all the time, and features may change.

• If we remove a significant feature you've paid for, we'll tell you in advance. If you're on a subscription, you can cancel.

• If we stop offering Fumet entirely, we'll give you at least 90 days' notice so you can export your data, and refund any unused part of a subscription you paid us for directly.

• If you have a Pantry license, a copy of the app already installed and activated on a device can keep working after we stop. Your data stays on that device. Anything that needs our servers may stop working, including:

  • activating the license on a new device or a fresh install;
  • moving a seat to another device;
  • buying more seats or restoring a purchase;
  • downloading updates to the app or its content.

  The app may also no longer be available to download from the app stores. Pantry purchases aren't refunded when we stop offering Fumet.

Availability. We aim to keep Fumet available, but we can't promise it will always be available or free of errors. We may take it down for maintenance.

Ending.

• You can stop using Fumet and delete your account at any time.
• We may suspend or close your account if you seriously or repeatedly break these terms, or if we have to by law. Where we reasonably can, we'll tell you why first and give you a chance to export your data.
• Sections 5 (responsibility for content), 7, 8 and 12 to 14 survive the end of this agreement.

12. Disclaimers and limits on liability

Fumet is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent the law allows:

• We're not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or revenue.
• Our total liability for any claim relating to Fumet is limited to the greater of what you paid us in the 12 months before the claim, or US$50.

These limits don't apply to liability for death or personal injury caused by our negligence, for fraud, for gross negligence or willful misconduct, or to anything else the law doesn't allow us to limit.

Some states and countries don't allow these exclusions or limits, so they may not apply to you, and you may have other rights. If you're a consumer in the EEA, UK or Australia, nothing in these terms affects your statutory rights, including your right to digital content and services that work as described.

13. Indemnity

If you live in the US, and someone else brings a claim against us because of content you uploaded, your unlawful use of Fumet or your intentional breach of these terms, you'll cover our reasonable costs of dealing with that claim, to the extent the law allows. We'll tell you about the claim promptly, and you can take over its defense if you choose. This never makes you pay more toward an arbitration than section 14 says, and it doesn't apply to consumers in the EEA or UK.

14. Law and disputes

Governing law

These terms are governed by the laws of the State of Oregon, USA, without regard to its conflict-of-law rules. The Federal Arbitration Act governs the agreement to arbitrate below.

EEA and UK consumers

If you're a consumer in the EEA or UK, the rest of this section doesn't apply to you. You can bring proceedings in the courts where you live or in Oregon, and you keep the protections of your local law.

Try to resolve it with us first

Before either of us starts an arbitration or a small-claims case, we'll try to resolve the dispute informally:

• Send a notice of dispute to [email protected] from your account's email address, or we'll send one to that address. It should say who you are, what the dispute is about, and what you want.
• For 60 days after the notice is received, we'll both try in good faith to resolve it. Either of us can ask for a call.
• During those 60 days, any limitation period for the claim is paused.

Agreement to arbitrate

If we can't resolve it, you and Fumet agree to resolve any dispute about these terms or Fumet by binding individual arbitration, not in court. That includes disputes about whether this agreement to arbitrate applies or can be enforced. There's no judge or jury in arbitration, and a court's review of the result is limited.

• Administrator. The American Arbitration Association (AAA) runs the arbitration under its Consumer Arbitration Rules, at adr.org. If the AAA can't or won't, we'll agree on another administrator, or a court will appoint one.
• Fees. Your share of the filing fee will be no more than the fee to file a case in the Multnomah County circuit court. We pay the rest of the administrator's and the arbitrator's fees, unless the arbitrator finds your claim frivolous or brought for an improper purpose.
• Where and how. Hearings happen by video or phone, or, if you prefer, in person in the county where you live. If the claim is for US$10,000 or less, either of us can ask for it to be decided on written submissions alone.
• What the arbitrator can do. The arbitrator can award any individual relief a court could, including damages, an injunction and attorneys' fees where the law allows them, but only for you and only as far as your individual claim needs.

What doesn't go to arbitration

Either of us can, instead:

• bring an individual claim in small-claims court, as long as it stays there and is not brought as a class;
• ask a court for an injunction to stop infringement or misuse of intellectual property, including the Fumet name, app or content;
• ask a court for public injunctive relief where the law doesn't allow it to be waived. Any such claim waits until the arbitration of your individual claims has finished.

No class actions

You and Fumet each bring claims only on your own behalf, never as a plaintiff or class member in a class, collective or representative action. The arbitrator can't combine more than one person's claims or preside over any form of class proceeding. If this waiver is found unenforceable for a particular claim, that claim goes to the courts named below and not to arbitration. Every other claim stays in arbitration.

Many similar claims at once

If 25 or more similar demands are filed against Fumet by or with help from the same lawyers or organization, the AAA's Mass Arbitration Supplemental Rules apply. Those demands are then administered in batches of up to 50 at a time, and each batch is decided by a single arbitrator. A limitation period stays paused for a claim while it waits for its batch.

Opting out

You can opt out of this agreement to arbitrate within 30 days of first accepting these terms. Email [email protected] from your account's email address with the subject "Arbitration opt-out", and say you're opting out. Opting out doesn't change anything else in these terms, and it doesn't affect any earlier agreement to arbitrate with us.

Changes to this section

If we change this section, the change doesn't apply to a dispute we already had notice of before it took effect. You can reject a change to this section by emailing us within 30 days of it taking effect. If you do, the version you last accepted still applies to you.

Courts

Any dispute that isn't arbitrated goes to the state or federal courts in Multnomah County, Oregon, and you and Fumet both agree to their jurisdiction. This section survives the end of your account and of these terms.

15. Changes to these terms

We may update these terms. When we do, we'll update the date above. If a change is significant, we'll tell you in the app or by email at least 30 days before it takes effect. If you keep using Fumet after a change takes effect, you accept the new terms. If you don't accept them, stop using Fumet and, if you like, delete your account.

16. General

• Entire agreement. These terms and the privacy policy are the whole agreement between you and us about Fumet.
• Severability. If part of these terms is found unenforceable, the rest still applies.
• No waiver. If we don't enforce a term straight away, we haven't waived it.
• Assignment. You can't transfer these terms to someone else. We can transfer them to a successor to our business.

Contact

FUMET LLC, Portland, Oregon, USA. [email protected]