DishGen Terms of Use

Welcome to DishGen.com. These Terms of Use ("Terms") govern your access to and use of our website, services, and any content generated through our website ("Content"). By accessing or using our website, you agree to be bound by these Terms.

Acceptance of Terms

By using DishGen.com, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Eligibility

You must be at least 13 years old to access and use our website. By using our website, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding contract.

Our Services

DishGen specializes in providing a platform that generates unique, AI-created recipes based on user inputs and prompts. Our services are tailored to help you explore a world of culinary possibilities and inspire your creativity in the kitchen. We strive to deliver a user-friendly experience that is both engaging and informative. As we constantly work to improve and expand our offerings, we may update, modify, or discontinue any aspect of our services at our sole discretion, without prior notice. Your use of our services is subject to your full compliance with these Terms.

Intellectual Property

All intellectual property rights in and to our website, services, and Content, including but not limited to copyrights, trademarks, and trade secrets, are owned by DishGen or its licensors. You acknowledge and agree that you do not acquire any ownership rights in the Content generated through our website.

Content License

By using our website to generate AI-created recipes based on your prompts or inputs, you acknowledge and agree that DishGen retains the copyright to the generated Content (including the recipes and output). We reserve the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the generated Content in any form, media, or technology now known or later developed, at our sole discretion.

We grant you a limited, non-exclusive, royalty-free, worldwide, perpetual, and non-transferable license to use the generated Content for your personal and non-commercial purposes. This license does not permit you to sublicense, sell, distribute, or otherwise commercially exploit the generated Content.

Content License for Pro Tier Subscribers

DishGen may offer a "Pro Tier" subscription that includes expanded terms as outlined in this section.

Expanded License: In addition to the personal and non-commercial use license granted to all users, Pro Tier subscribers are granted a non-exclusive, royalty-free, worldwide, perpetual, and non-transferable license to use, reproduce, distribute, display, and perform the AI-generated recipes ("Pro Content") for commercial purposes. This includes use on blogs, in eBooks, product packaging, and other commercial mediums.

The Pro Tier subscription is designated for use by a single brand or product line. Subscribers are not permitted to utilize their subscription across multiple brands. For those requiring a multi-brand or enterprise solution, DishGen offers a specialized multi-brand enterprise account. For more information about enterprise solutions, please contact us.

Pro Tier subscribers may not:

• Reproduce or emulate the DishGen software or its functionalities.
• Publish or distribute a collection of Pro Content in a manner that competes directly with DishGen's offerings.
• Share their account with other individuals or entities for the purpose of circumventing subscription requirements.

Ownership and Intellectual Property Rights: DishGen retains all ownership and intellectual property rights in the Pro Content. The expanded license does not confer any proprietary rights over the Pro Content, nor does it allow Pro Tier subscribers to claim ownership or exclusive rights to the AI-generated recipes.

User-Generated Content

Ownership and Licensing: When you upload recipe photos to DishGen, you retain ownership of your images. However, by uploading, you grant DishGen a non-exclusive, royalty-free, worldwide license to use, display, and distribute these photos in connection with our services, including promotional activities.

Usage and Rights: Your uploaded photos may be used by DishGen across various platforms and media. You affirm that you have the right to share these images and that they do not infringe on any third-party rights.

Content Responsibility: You are responsible for the content of your uploaded photos. DishGen reserves the right to remove any photos at our discretion.

User Conduct

You agree not to engage in any of the following prohibited activities while using our website or services:

a. Violating any applicable local, state, national, or international laws or regulations. 

b. Infringing upon the rights of others, including but not limited to intellectual property rights, privacy rights, and rights of publicity. 

c. Using our website or services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other user's use and enjoyment of our website or services. 

d. Attempting to gain unauthorized access to our website, services, or any account, computer system, or network connected to our website or services.

Mobile Application

DishGen is now accessible via mobile applications available on iOS and Android platforms. These Terms apply equally to your use of DishGen via our mobile applications. The use of our mobile applications may be subject to additional terms and conditions imposed by the respective app stores (Apple App Store for iOS and Google Play for Android).

Subscription Service

DishGen offers paid subscription services under the "Premium" and "Pro" tiers of service. Subscriptions provide access to additional features and content not available in the standard, free version of DishGen. By subscribing to a paid service, you agree to the following terms:

a. Subscription Fees and Payment: Subscription fees are charged on a recurring basis, as outlined at the time of subscription. Payments can be made via in-app purchases (IAPs) on the mobile applications and through Stripe for web-based subscriptions. You agree to provide current, complete, and accurate purchase and account information for all purchases made.

b. Automatic Renewal: Your subscription will automatically renew at the end of each subscription period, unless you cancel it before the end of the current period. You will be charged the subscription fee for the next period through your chosen payment method.

c. Cancellation Policy: You can cancel your subscription at any time. Cancellation will take effect at the end of the current billing cycle. No refunds will be provided for any remaining portion of the subscription period.

d. Changes to Subscription Fees: DishGen reserves the right to change the subscription fees at any time. Any changes to the subscription fees will be communicated to you in advance.

Changes to Service

We may, at our sole discretion, change or discontinue any aspect of our services, including but not limited to the mobile applications and paid subscription servicse, at any time without prior notice. Your continued use of our services following any changes indicates your acceptance of these changes.

Disclaimer of Warranties

Our website, services, and Content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. DishGen disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall DishGen, its affiliates, licensors, or their respective directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or other intangible losses, arising out of or in connection with your access to or use of our website, services, or Content, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless DishGen, its affiliates, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your access to or use of our website, services, or Content, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

Termination

We reserve the right, in our sole discretion, to terminate your access to and use of our website and services, with or without notice, for any reason, including but not limited to your breach of these Terms. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.

Modifications to Terms

We may modify these Terms from time to time in our sole discretion. Any changes to these Terms will be posted on our website. By continuing to use our website or services after any such modifications, you agree to be bound by the updated Terms. We encourage you to periodically review these Terms to stay informed of any changes.

Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with your use of our website, services, or Content shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Us

If you have any questions or concerns about these Terms, please contact us via our online contact form atdishgen.com/contact.

Last updated: December 30, 2023