Terms of Service

1. Agreement to Terms

Welcome to SmartCooking ("Company," "we," "our," "us"). By accessing or using our website, mobile applications, online courses, live masterclasses, membership programs, meal preparation services, corporate events, specialty programs, digital products, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and SmartCooking.

If you do not agree to these Terms in their entirety, you must not access or use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting to our website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

These Terms apply to all visitors, users, students, participants, and others who access or use the Services, whether as registered members or casual browsers. By registering for an account, enrolling in a course, subscribing to a membership, participating in a live masterclass, purchasing digital products, or engaging with any aspect of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years of age to use our Services. If you are between the ages of 13 and 17, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13 years of age. If we learn that we have collected personal information from a child under 13, we will take steps to delete such information as soon as possible.

2.2 Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security of your password and accept all risks of unauthorized access to your account
• Immediately notify us if you discover or suspect any security breaches related to your account
• Take responsibility for all activities that occur under your account and accept all risks of unauthorized access

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, providing false information during registration, harassment of other users or our staff, unauthorized use of our content, or any other conduct that we determine to be harmful to our Services or other users.

3. Services Description

3.1 Online Cooking Courses

Our online cooking courses are structured educational programs delivered through pre-recorded video lessons, downloadable materials, and supplementary resources. Course content is designed to teach specific culinary techniques, cooking methods, and recipe execution. Each course includes a defined curriculum, learning objectives, and recommended completion timeline. Access to course materials is granted upon successful payment and continues for the duration specified at the time of purchase, which may be lifetime access or a limited period as clearly indicated in the course description.

3.2 Live Virtual Masterclasses

Live virtual masterclasses are real-time, interactive cooking sessions conducted via video conferencing platforms. These sessions feature professional chefs demonstrating advanced techniques while participants cook along from their own kitchens. Masterclasses are limited to a specified number of participants to ensure quality interaction and personalized feedback. Participants receive ingredient lists and preparation instructions in advance of each session. Sessions are recorded and made available to registered participants for a limited period following the live event, typically 30 days unless otherwise specified.

3.3 Membership and Video Library Subscription

Our membership program provides subscribers with unlimited access to our complete video library, which includes hundreds of cooking lessons, technique demonstrations, and recipe tutorials. Membership plans are offered on a monthly, quarterly, or annual basis, with automatic renewal unless canceled prior to the renewal date. Members receive exclusive benefits including downloadable recipe PDFs, community forum access, priority customer support, and early access to new content. Membership benefits are subject to change, and we will provide reasonable notice of any significant changes to membership features.

3.4 Meal Prep and Weekly Menu Programs

Our meal preparation programs deliver curated weekly menu plans complete with recipes, shopping lists, batch cooking instructions, and nutritional information. Programs are designed to accommodate various dietary preferences and skill levels. Participants receive digital access to all materials through our platform or via email. Menu selections are made by our culinary team based on seasonal availability, nutritional balance, and practical home cooking considerations. While we strive to accommodate special dietary needs, we cannot guarantee that all programs will suit every individual's requirements.

3.5 Corporate and Team Events

Corporate cooking events are customized team-building experiences designed for businesses and organizations. Services include virtual cooking sessions, in-person workshops, and hybrid events tailored to client specifications. Event details including participant numbers, menu selections, duration, and format are confirmed through direct consultation with our corporate events team. Pricing is customized based on event requirements and participant count. Corporate events require advance booking and may be subject to cancellation policies outlined in individual service agreements.

3.6 Specialty Cooking Programs

Specialty programs focus on specific culinary topics such as bread baking, butchery, pastry arts, ethnic cuisines, or advanced techniques. These intensive courses combine theoretical knowledge with practical application and may include hands-on assignments, assessment activities, and personalized feedback from instructors. Program duration, structure, and requirements vary by specialty and are clearly outlined in individual program descriptions.

3.7 Digital Products

We offer various digital products including e-books, recipe collections, cooking guides, meal planning templates, and instructional PDFs. All digital products are delivered electronically upon purchase confirmation. Due to the nature of digital goods, all sales are final and non-refundable except as required by applicable law or as explicitly stated in our refund policy.

4. Payment and Billing

4.1 Pricing

All prices for our Services are listed in U.S. Dollars (USD) unless otherwise specified. We reserve the right to change our pricing at any time, but price changes will not affect existing subscriptions until renewal or will be communicated to users with reasonable advance notice. Promotional pricing and discounts are subject to specific terms and conditions that will be clearly communicated at the time of the offer. Promotional codes and discounts cannot be combined unless explicitly permitted.

4.2 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as indicated on our website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your purchase, including any applicable taxes and fees. You are responsible for maintaining valid payment information in your account.

4.3 Recurring Payments

Membership subscriptions and other recurring services are billed automatically on a recurring basis according to your selected billing cycle (monthly, quarterly, or annually). Your payment method will be charged on the same day each billing period unless you cancel your subscription before the renewal date. We will provide notice of upcoming charges, typically via email, but failure to receive such notice does not relieve you of your payment obligations.

4.4 Failed Payments

If a payment fails due to card expiration, insufficient funds, or other reasons, we may suspend your access to the Services until payment is received. We may attempt to process your payment again at a later date. If payment continues to fail, we reserve the right to cancel your subscription or service. You remain responsible for any amounts owed, and we may pursue collection of such amounts.

4.5 Taxes

You are responsible for any applicable sales tax, value-added tax (VAT), goods and services tax (GST), or other taxes or fees imposed by governmental authorities on your purchase of our Services. If we are required to collect such taxes, they will be added to your total charge at the time of purchase.

5. Intellectual Property Rights

5.1 Our Content Ownership

All content provided through our Services, including but not limited to videos, text, graphics, logos, images, audio clips, recipes, course materials, digital downloads, software, and other materials (collectively, "Content"), is the property of SmartCooking or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content strictly for your personal, non-commercial use. This license does not include any right to:

• Resell, redistribute, or make the Content available to third parties
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content
• Remove any copyright, trademark, or other proprietary notices from the Content
• Use the Content in any way that violates applicable laws or regulations
• Access the Content through automated means (including bots, scrapers, or spiders)
• Frame or mirror any portion of the Content on any other website or application

5.3 Recipe Usage

While recipes themselves cannot be copyrighted, the specific expression, presentation, photography, and arrangement of our recipes constitute original creative works protected by copyright. You may prepare dishes using our recipes for personal consumption but may not reproduce, publish, or distribute our recipe content for commercial purposes without explicit written permission. Food bloggers, influencers, and content creators who wish to share our recipes must contact us for permission and proper attribution requirements.

5.4 Trademark Rights

"SmartCooking," our logo, and other marks used by us are our trademarks or registered trademarks. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names that appear in our Services are the property of their respective owners.

6. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any local, state, national, or international law or regulation
• Infringing upon the intellectual property rights of SmartCooking or any third party
• Uploading or transmitting viruses, malware, or any other malicious code
• Harassing, threatening, intimidating, or impersonating any person or entity
• Interfering with or disrupting the integrity or performance of our Services
• Attempting to gain unauthorized access to our systems or user accounts
• Sharing your account credentials with unauthorized third parties
• Using our Services to promote or advertise products or services without permission
• Collecting or harvesting any personally identifiable information from other users
• Engaging in any commercial activities without our express written consent
• Recording, screen capturing, or otherwise copying live masterclasses without permission
• Posting offensive, defamatory, or inappropriate content in community forums or comments

Violation of these prohibited activities may result in immediate termination of your account and access to our Services, as well as potential legal action.

7. Disclaimers and Limitations of Liability

7.1 Services Provided "As Is"

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components. We make no guarantees regarding the accuracy, reliability, completeness, or timeliness of any content provided through our Services.

7.2 Culinary Results Disclaimer

While our courses and programs are designed to teach effective cooking techniques, we cannot guarantee specific culinary results. Success in cooking depends on numerous factors including ingredient quality, equipment, environmental conditions, and individual skill development. We are not responsible for dishes that do not turn out as expected, and we make no warranties regarding the outcome of any recipe or technique taught through our Services.

7.3 Allergy and Dietary Restrictions

We provide general information about ingredients used in our recipes and programs, but we cannot guarantee that our content is suitable for individuals with specific allergies, dietary restrictions, or medical conditions. You are solely responsible for verifying ingredient safety and suitability for your individual needs. We strongly recommend consulting with healthcare professionals regarding any dietary concerns before participating in our programs.

7.4 Limitation of Liability

To the fullest extent permitted by applicable law, SmartCooking, its officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Food allergies, injuries, or illnesses resulting from recipes or cooking activities
• Equipment damage or property damage occurring during cooking activities

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid to SmartCooking in the twelve (12) months prior to the claim, or one hundred dollars ($100), whichever is greater.

8. Indemnification

You agree to indemnify, defend, and hold harmless SmartCooking, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorneys' fees, arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of any third party
• Your use or misuse of the Services
• Any content you submit, post, or transmit through the Services
• Any injuries, illnesses, or damages resulting from your cooking activities
• Your breach of any representations or warranties contained in these Terms

9. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may do so by following the account closure instructions provided in your account settings or by contacting us directly.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability. Termination of your account does not relieve you of any obligations to pay outstanding fees or charges accrued prior to termination.

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Washington, Missouri for the resolution of any disputes.

10.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Washington, Missouri before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.

10.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and SmartCooking individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures. You agree to waive any right to a trial by jury.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and SmartCooking regarding the use of our Services, superseding any prior agreements between you and SmartCooking relating to your use of the Services.

11.2 Modifications

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised terms.

11.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

11.4 Waiver

No waiver by SmartCooking of any term or condition set forth 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, and any failure by SmartCooking to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

11.5 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction.

11.6 Force Majeure

SmartCooking shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12. Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by SmartCooking. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SmartCooking shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We may use third-party service providers to facilitate our Services, provide Services on our behalf, perform Service-related services, or assist us in analyzing how our Services are used. These third parties may have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

13. California Consumer Rights

If you are a California resident, you may have certain additional rights under the California Consumer Privacy Act (CCPA). For information about your privacy rights and how we handle your personal information, please refer to our Privacy Policy. You may contact us to exercise your rights under applicable California law.

14. International Users

Our Services are operated from the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using our Services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy.