Terms of Service

MyKitchyn is a recipe, meal planning, shopping, pantry and household management service.

Features may include:

• recipe storage and management;
• meal planning;
• shopping lists;
• pantry and inventory management;
• household sharing;
• purchase history;
• receipt, invoice and order confirmation ingestion;
• product and ingredient information;
• cooking history;
• images and other user-created content; and
• other functionality introduced from time to time.

MyKitchyn is continually developed and its features may change.

You are responsible for maintaining the security of your MyKitchyn account and for activity performed through your account.

You must provide accurate information when creating and maintaining your account.

You must not:

• access another person's account without permission;
• impersonate another person;
• knowingly provide false or misleading account information; or
• allow another person to use your account in a way that breaches these Terms.

If you believe your account has been compromised, you should contact us as soon as reasonably possible.

MyKitchyn allows users to participate in shared households.

A household has one designated owner.

Household ownership may be transferred to another eligible household member using functionality provided by MyKitchyn.

Information associated with a household is intended for the benefit and use of members of that household and may be visible or editable by other household members according to their permissions.

Household owners and authorised members may be able to add, remove or change the permissions of other household members.

You should only add another person to a household where you are authorised to do so.

Leaving or being removed from a household may result in loss of access to information associated with that household.

New eligible users may receive a 30-day free trial.

No payment information is required to begin the free trial.

The free trial does not automatically convert into a paid subscription.

At the end of the trial, you must actively choose to subscribe if you wish to continue using paid MyKitchyn functionality.

We may change the availability of free trials for future users.

MyKitchyn may offer monthly and annual subscriptions.

The applicable price and billing period will be displayed before you subscribe.

Paid subscriptions renew according to the billing interval selected when you subscribe unless you cancel before the next renewal.

Payments are processed by our payment provider, currently Stripe.

MyKitchyn does not store your full payment card details.

You are responsible for ensuring that the payment method associated with your subscription remains valid.

You may cancel your subscription at any time.

Cancellation stops future renewal of the subscription.

Unless a refund applies under these Terms or Australian Consumer Law, cancelling does not terminate access immediately. You will normally retain access to paid MyKitchyn features until the end of the period you have already paid for.

For example, if you cancel a monthly subscription halfway through the month, you may continue using the subscription until the end of that billing period.

In addition to any rights you may have under Australian Consumer Law, MyKitchyn offers a voluntary refund policy for new annual subscriptions.

You may request cancellation and a refund within the first 30 days of an annual subscription.

Where this voluntary refund applies:

• one month's subscription value will be retained;
• the remaining 11 months will be refunded;
• your paid access will continue until the end of the initial 30-day period; and
• your subscription will not renew.

After the first 30 days, annual subscription payments are ordinarily non-refundable for change-of-mind cancellation.

Nothing in this section excludes, restricts or modifies any right or remedy you may have under Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

Certain users who participated in MyKitchyn's beta program may be granted a subscription at no charge for as long as they maintain continuous eligibility.

Where an account has been designated by MyKitchyn as a lifetime beta account:

• no subscription fee is charged while the beta entitlement remains active;
• the entitlement applies only while the relevant account remains continuously maintained;
• the entitlement cannot be sold, transferred or assigned to another person; and
• deleting or closing the account ends the beta entitlement.

If a former beta user later creates a new account, the new account will be subject to the pricing and terms available at that time.

A beta entitlement does not prevent MyKitchyn from suspending or terminating an account for breach of these Terms, misuse of the service, security reasons or other circumstances permitted by these Terms.

"Free forever" refers to the subscription price applicable to an eligible continuously maintained beta account. It does not guarantee that MyKitchyn itself, or any particular feature, will exist indefinitely.

When you begin a paid MyKitchyn subscription, the subscription price applicable at that time will ordinarily be locked for five years, provided your paid subscription remains continuously active.

The five-year period begins when the relevant paid subscription is first activated.

Switching between billing intervals may be subject to the pricing terms displayed at the time of the change.

If your subscription ends, is cancelled, lapses because payment cannot be collected, or is otherwise discontinued, the price lock ends.

If you later subscribe again, the price available at the time of the new subscription will apply.

At the end of the five-year price-lock period, your subscription may move to the then-current applicable price. We will provide reasonable advance notice before such a change takes effect.

Nothing in this section prevents a price change where required by law, tax requirements or another circumstance that cannot reasonably be avoided, provided that we comply with applicable law and give reasonable notice where practicable.

You retain ownership of content you create or upload to MyKitchyn, including your:

• private recipes;
• photographs;
• notes;
• meal plans;
• household content; and
• other personal content.

You give MyKitchyn a limited licence to store, copy, process, display and otherwise handle this content only as reasonably necessary to provide, secure, maintain and improve MyKitchyn.

This licence does not transfer ownership of your content to MyKitchyn.

Where MyKitchyn allows you to control the visibility of your content, you may change those permissions using the available privacy controls.

For example, where supported, you may change content from public visibility to private or household-only visibility.

We will respect the visibility setting currently applied to that content.

If you choose to make user-owned content public, you acknowledge that other users may be able to view it while it remains public.

You remain the owner of that content and may change its visibility where MyKitchyn provides that functionality.

Changing content from public to private prevents future access through MyKitchyn according to the applicable privacy setting, but cannot undo copies that another person may already have lawfully made while the information was publicly available.

MyKitchyn maintains a shared catalogue that may include information about:

• products;
• ingredients;
• measurements;
• categories;
• retailers;
• substitutions;
• product identifiers;
• pack sizes; and
• other structured reference information.

Users may provide information that helps us create, correct, verify or improve this catalogue.

The shared catalogue is maintained and controlled by MyKitchyn.

Information submitted for inclusion in the shared catalogue may be:

• reviewed;
• verified;
• corrected;
• reformatted;
• combined with information from other sources;
• merged with existing records;
• rejected; or
• retained for future use.

Once information has been incorporated into the shared catalogue, the resulting catalogue information is MyKitchyn catalogue data and is not treated as the contributing user's personal content.

Deleting your account does not require MyKitchyn to remove catalogue information that you contributed.

Shared catalogue information is removed or modified only as determined by MyKitchyn staff.

You may upload images where MyKitchyn provides this functionality.

You must only upload an image if:

• you created it;
• you own the necessary rights to it;
• you have permission to use it; or
• you otherwise have a lawful right to provide it to MyKitchyn.

You must not knowingly upload copyrighted material without permission.

Images stored solely as your personal or household content remain your content.

Where you submit an image for inclusion in MyKitchyn's shared catalogue, MyKitchyn may ask whether you permit continued use of that image after your account is deleted.

Where that option is provided, your selection will determine whether MyKitchyn may continue using the image after deletion.

You may request deletion of your account.

Account deletion is subject to the deletion and retention process described in the MyKitchyn Privacy Policy.

When deleting your account, MyKitchyn may provide choices concerning eligible content, such as whether images previously contributed for shared catalogue use may continue to be used.

Personal information and user-owned content associated with the account will otherwise be removed in accordance with our Privacy Policy.

Shared catalogue information that has already been incorporated into the MyKitchyn catalogue is not deleted with your account.

MyKitchyn may allow you to upload or forward receipts, invoices or order confirmations so that purchase information can be extracted.

You must only provide a receipt, invoice, order confirmation or similar document that belongs to you or that you are otherwise authorised to provide.

Do not submit another person's receipts, invoices, order confirmations or private correspondence without their permission.

MyKitchyn does not connect directly to your personal email mailbox for ingestion.

Documents may be uploaded directly or forwarded to a MyKitchyn-provided email address.

Original documents are handled and deleted according to the MyKitchyn Privacy Policy.

Automated extraction is not guaranteed to be accurate. You should review imported information where its accuracy is important to you.

Pricing information displayed by MyKitchyn is historical information.

MyKitchyn does not represent that displayed retailer prices are current or available at the time you view them.

Retailer prices may change at any time and may vary by:

• store;
• location;
• date;
• promotion;
• membership;
• delivery method;
• product availability; or
• other circumstances.

MyKitchyn should not be relied upon as a real-time price checking or price guarantee service.

References to retailers, manufacturers, brands or products do not imply sponsorship, endorsement, partnership or affiliation.

MyKitchyn is not affiliated with a retailer merely because that retailer or its products appear in the MyKitchyn catalogue or purchase history.

Third-party names and trademarks remain the property of their respective owners.

MyKitchyn may provide information relating to ingredients, allergens, dietary suitability and product characteristics.

This information is provided as an organisational aid and may be:

• incomplete;
• incorrect;
• outdated; or
• affected by changes made by manufacturers or retailers.

Manufacturers may change ingredients, formulations, manufacturing processes or allergen statements without notice to MyKitchyn.

You must not rely solely on MyKitchyn when making decisions involving food allergies, intolerances, medical dietary requirements or other health-related dietary restrictions.

Always check current product packaging, ingredient declarations and allergen warnings before consuming or serving a product where dietary safety is important.

MyKitchyn is not a medical service and does not provide medical or dietetic advice.

Recipes and cooking information available through MyKitchyn may be created by users, MyKitchyn or other permitted sources.

Cooking times, temperatures, storage instructions, preparation methods and similar information may vary depending on ingredients, equipment and circumstances.

You are responsible for exercising appropriate judgement when preparing, cooking, storing and serving food.

Where food safety is important, you should follow appropriate food safety guidance rather than relying solely on MyKitchyn.

You must not use MyKitchyn to:

• engage in unlawful activity;
• harass, threaten or abuse another person;
• distribute malware or malicious code;
• interfere with the operation or security of MyKitchyn;
• attempt to gain unauthorised access to accounts, infrastructure or information;
• bypass security or access controls;
• impersonate another person or organisation;
• knowingly infringe intellectual property or other legal rights;
• scrape, harvest or bulk extract information without written permission;
• generate excessive automated traffic;
• perform load testing, security testing or vulnerability testing against production systems without written permission;
• reverse engineer the service except to the extent that applicable law expressly permits it and does not allow that right to be excluded; or
• use MyKitchyn in a manner that materially interferes with other users' ability to use the service.

Unless expressly authorised by MyKitchyn, you must not access MyKitchyn through:

• third-party APIs;
• unofficial API clients;
• bots;
• automated scraping;
• unattended scripts; or
• other automated mechanisms intended to interact with the service.

This does not prevent you from using automation or integrations that MyKitchyn itself officially provides or expressly authorises.

MyKitchyn's software, branding, design, documentation, shared catalogue and other MyKitchyn-created material are owned by or licensed to MyKitchyn's operator and are protected by applicable intellectual property laws.

Your right to use MyKitchyn does not transfer ownership of these assets to you.

You may use the service for its intended purposes while your account is authorised to do so.

MyKitchyn does not provide a service level agreement unless we expressly agree otherwise in writing.

We aim to provide a reliable service, but do not guarantee that MyKitchyn will be:

• continuously available;
• free from faults;
• free from interruptions;
• compatible with every device or browser; or
• permanently available in its current form.

Maintenance, technical problems, third-party failures and other circumstances may occasionally affect availability.

Nothing in this section limits rights that cannot lawfully be excluded under Australian Consumer Law.

We may add, change, replace or discontinue MyKitchyn features as the service develops.

Where a change materially affects the functionality available to users, we will provide reasonable notice where practicable.

We will take particular care when making changes that materially affect paid subscribers.

Nothing in these Terms guarantees the permanent availability of a particular feature.

MyKitchyn intends to provide functionality allowing users to export their personal data and content.

Not all export functionality may be available at all times or during earlier stages of MyKitchyn's development.

Until self-service export functionality is available, you may contact support@mykitchyn.com if you need assistance accessing your information.

We may temporarily suspend or restrict access to an account where reasonably necessary to:

• protect MyKitchyn or its users;
• investigate suspected compromise or fraud;
• prevent abuse;
• comply with a legal requirement;
• respond to a serious breach of these Terms; or
• protect the security or integrity of the service.

We may terminate an account for a serious or repeated breach of these Terms.

Where reasonably practicable and appropriate, we will provide notice and an opportunity to resolve less serious issues before terminating an account.

We may act without prior notice where immediate action is reasonably necessary for security, legal compliance or prevention of harm.

These provisions apply to free, beta and paid accounts.

Termination by MyKitchyn does not affect rights or remedies that either party has under applicable law.

We hope to operate MyKitchyn for the long term, but cannot guarantee that the service will exist indefinitely.

If we decide to permanently discontinue MyKitchyn, we will make reasonable efforts to:

• give users advance notice;
• allow users a reasonable period to retrieve their information; and
• where reasonably practicable, provide a method for users to export their data before shutdown.

Any entitlement described as "lifetime" or "forever" relates to the period during which the applicable MyKitchyn service and eligible account continue to exist.

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or other protection under the Australian Consumer Law or another law where doing so would be unlawful.

Where a guarantee or other statutory right applies that cannot legally be excluded, these Terms operate subject to that right.

To the maximum extent permitted by law, MyKitchyn is not responsible for loss caused by:

• relying on inaccurate user-submitted information;
• relying on historical retailer pricing as though it were current;
• failing to verify current product ingredients or allergen information;
• use of MyKitchyn contrary to these Terms or its intended purpose;
• unauthorised access resulting from a user's failure to secure their account; or
• circumstances outside MyKitchyn's reasonable control.

MyKitchyn does not seek to exclude liability that cannot lawfully be excluded.

Nothing in this section limits your rights under Australian Consumer Law.

Your use of MyKitchyn is also subject to the MyKitchyn Privacy Policy.

The Privacy Policy explains how MyKitchyn collects, uses, stores and protects personal information.

We may update these Terms as MyKitchyn develops or where legal, operational or security requirements change.

Where a change is material, we will provide reasonable advance notice using:

• an in-app notification; and
• email to the address associated with your account.

Minor changes, corrections or clarifications may take effect when the updated Terms are published.

Where required, we may ask you to affirmatively accept updated Terms before continuing to use MyKitchyn.

The date at the top of these Terms indicates the most recent revision.

If you have a problem with MyKitchyn, please contact us first at:

support@mykitchyn.com

We will make reasonable efforts to investigate the issue and resolve it directly with you.

Nothing in this section prevents you from exercising rights available to you under Australian law or contacting an appropriate regulator or dispute resolution body.

These Terms are governed by the laws of Australia and, where a State or Territory jurisdiction is required, the laws applicable in Queensland.

Nothing in this section limits any rights you may have under a law that applies regardless of the governing law chosen in these Terms.

Questions about these Terms or MyKitchyn can be sent to:

support@mykitchyn.com

Privacy enquiries should be sent to:

privacy@mykitchyn.com