TERMS OF SERVICE

Last updated July 23, 2026

1. Agreement and Scope

These Terms of Service ("Terms") form a legally binding agreement between you and Factureal GmbH ("Factureal", "we", "us", "our") regarding your access to and use of the Schmaus mobile application and related services that refer or link to these Terms (collectively, the "Services").

Factureal GmbH Werner-Warsinsky-Str. 9 44534 Lünen Germany

Email: [email protected] Phone: +4973192702966 VAT ID: DE304701665

If you do not agree to these Terms, you must not use the Services.

The Services are intended for users who are at least 16 years of age. If you are under 16, you may not use the Services.

The Services are provided for your personal, private, non-commercial use only. Business or commercial use - for example use for or on behalf of a company, restaurant, or other organization, or reselling or offering access to the Services to third parties - is not permitted.

2. What Schmaus Does

Schmaus is a recipe app for iOS and Android. Depending on the features available in your app version, region, and account setup, the Services may allow you to:

create recipes from text, photos, audio, or supported public URLs
organize and edit recipes
share recipes within groups
create shopping lists based on selected recipes and, on iOS, export them to the Apple Reminders app
use an in-app AI chat assistant ("Sous-Chef") to ask cooking-related questions, get suggestions based on photos of your ingredients, and have it create recipes or propose recipe edits
sign in by phone OTP and, where enabled, by Apple Sign-In or Google Sign-In

Some features may change over time, may only be available in certain app versions, or may be added, limited, or removed for legal, technical, operational, or security reasons.

3. Accounts and Access

To use some parts of the Services, you must create an account.

You agree to:

provide accurate and up-to-date information
keep your device, login methods, and account access secure
use only login methods that you are authorized to use
promptly inform us if you believe your account has been accessed without authorization

We may refuse usernames that are unlawful, impersonating, offensive, or otherwise inappropriate for the operation of the Services.

4. User Content

You may create, upload, import, submit, store, or share content through the Services, including recipes, images, audio, text, and related materials ("User Content").

You retain ownership of your User Content.

To operate the Services, you grant us a non-exclusive, royalty-free license to host, store, reproduce, process, adapt for technical purposes, display, and share your User Content only to the extent necessary to:

provide the Services to you
display shared recipes and related content to members of groups you joined or manage
when you share a recipe via link, display a preview of the recipe to anyone with the link and allow them to copy the full recipe into their own group
create technical copies, previews, thumbnails, backups, and similar operational artifacts
maintain, secure, debug, and improve the Services

This license ends when your User Content is deleted from the live Services, subject to limited retention in backups and where continued retention is required by law.

You are responsible for your User Content. By uploading, importing, or sharing User Content, you confirm that:

you have the necessary rights to use and share it
it does not violate applicable law or third-party rights
it is not unlawful, fraudulent, deceptive, abusive, hateful, defamatory, or otherwise impermissible under these Terms

We may remove, block, or restrict User Content where reasonably necessary to comply with law, enforce these Terms, protect users, or protect the Services.

5. Acceptable Use

You may not misuse the Services. In particular, you may not:

use the Services for unlawful purposes
use the Services for commercial or business purposes, or sell, resell, rent, or otherwise commercially exploit the Services or access to them
upload or share content that infringes third-party rights
interfere with the security, integrity, or availability of the Services
scrape, harvest, or extract data from the Services in an unauthorized manner
use bots, scripts, or other automated methods to access the Services except where we expressly permit it
impersonate another person or misrepresent your identity
upload malicious code, malware, or other harmful material
use the Services to harass, threaten, or abuse other users

Schmaus provides in-app tools to report content or users and to block another user from further interaction. Blocking separates you in every group you currently share: the blocked member is removed from groups you own, while you leave other shared groups. Unblocking does not automatically restore a previous group membership. We review reports and may hide content, restrict or suspend accounts, or take other proportionate measures to enforce these Terms and protect users. Deliberately false, abusive, or automated reports may themselves constitute misuse of the Services.

6. AI Features and Recipe Creation

The Services use artificial intelligence and automated processing, including services provided by third-party providers such as OpenAI, to support AI-assisted recipe creation, transcription, image analysis, AI-assisted editing, an in-app AI chat assistant, and related features.

When you use AI-supported features, your submitted text, images, audio, files, URLs, and related context may be processed by those providers as necessary to perform the requested feature.

AI-supported output may contain errors, omissions, or misleading results. In particular:

ingredient quantities may be incorrect
allergens may be missing or incorrect
preparation steps may be incomplete or inaccurate
generated summaries, edits, or classifications may be wrong
answers from the chat assistant (for example, substitutions, nutrition estimates, or drink pairings) may be incorrect
recipes created by the chat assistant and edits it proposes may contain mistakes

If the chat assistant creates recipes for you or proposes changes to your recipes, review them before applying or using them. Proposed edits are only applied after you confirm them.

Where AI features take into account dietary preferences or restrictions you have saved (for example, allergies or intolerances), AI-generated, AI-adapted, or AI-checked recipe content may still be unsuitable for your diet. Do not rely on AI output to determine whether a recipe is safe for an allergy, intolerance, or medical diet.

You are solely responsible for reviewing and verifying AI-created, AI-edited, or otherwise added recipe content and chat answers before using them, especially where health, allergens, ingredient quantities, or food safety are concerned.

7. Third-Party Services

Some parts of the Services rely on third-party providers, including providers for login, OTP delivery, app distribution, hosting, crash reporting, and AI processing.

Where you use third-party login or platform functionality, your use may also be subject to the terms and policies of the relevant provider.

The Services may also contain links to third-party websites or public third-party content. We are not responsible for third-party websites, third-party terms, or third-party content that we do not control.

8. Reporting Illegal Content and Copyright Concerns

If you believe that content in the Services is illegal, infringes your rights, or violates these Terms, you can contact us at:

Legal / general contact: [email protected]
Content reports: [email protected]

Please include enough information for us to identify the relevant content and understand your concern, such as the affected group or recipe and the reason for your report.

9. Intellectual Property in the Services

The Services, excluding User Content, include software, design, databases, text, graphics, logos, and other materials owned by us or licensed to us ("Service Content").

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App and access the Services for your personal, non-commercial use.

You may not copy, sell, sublicense, reverse engineer, decompile, distribute, or otherwise exploit the Services or Service Content except where this is expressly permitted by applicable law.

10. Service Fees and Subscriptions

The Services can be downloaded and used free of charge with a limited allowance of credits (a one-time starter allowance plus a weekly allowance). One credit is used for each successfully completed AI-assisted recipe creation or recipe edit, including those initiated through the chat assistant. A chat-based edit is successfully completed for credit purposes when the proposed change is made available to you; applying or discarding that proposal afterwards does not change the credit use. Failed attempts that do not provide a created recipe or edit proposal do not use a credit. Your current allowance, remaining credits, and next reset time are shown in the app.

Schmaus Pro. We offer an optional auto-renewing subscription ("Schmaus Pro") that is not subject to the free account's starter and weekly credit allowance and includes additional features such as manual AI image generation. Pro includes up to 200 successfully completed AI-assisted recipe creations and AI edits combined per weekly period; the period starts on Monday at 00:00 UTC. Failed or cancelled recipe creations and AI edits, as well as restores from backup files, do not count. One recipe-creation job counts once even if it produces multiple recipes. An edit initiated through the chat assistant counts once the proposed change is made available to you; applying or discarding it afterwards does not change the count. Active recipe-creation and edit jobs may temporarily reserve a slot. Generously sized technical ceilings may also apply to protect against abuse and excessive server load (for example for requests, images, or chat messages, as well as a total per-account recipe limit). Prices, billing periods, and any introductory-offer terms are clearly displayed in the app and in the relevant app store before you purchase.

Billing and renewal. Subscriptions are purchased through Apple's App Store or Google Play and billed by the respective store to the payment method on file there. Unless you cancel before the renewal cut-off shown or specified by the applicable store (Apple generally requires cancellation at least 24 hours before the end of the current billing period), the subscription renews automatically at the displayed price. You can manage or cancel the subscription at any time in your app-store account settings; cancellation takes effect under that store's rules, normally at the end of the current billing period. Until then you keep access to the paid features.

Introductory offers and free trials. Where an introductory offer is available (for example a free trial or a discounted introductory price), its duration and terms are shown before purchase. If you do not cancel before the offer ends, the subscription continues automatically at the regular displayed price. Offer eligibility is determined by the applicable app store and may differ between Apple's App Store and Google Play.

Refunds and statutory rights. Purchases and refunds are handled by the respective app store under its terms. Your statutory rights, including any consumer withdrawal rights under EU law, remain unaffected. By confirming a purchase in the app store you agree that delivery of the digital content begins immediately, before any withdrawal period expires; a statutory right of withdrawal may lapse as a result (Section 356(5) of the German Civil Code), unless mandatory law provides otherwise.

Promotional entitlements and bonus credits. We may grant free Pro access or bonus credits (for example through the referral program or as goodwill). Such grants are voluntary, may be limited in time or amount, may be revoked in cases of abuse, and confer no entitlement to future grants. Creator campaign codes are used only for best-effort signup attribution and do not grant credits, Pro access, or any other benefit.

Referral program. Where offered, you can invite friends with a personal referral link or code. A new account can be linked to the inviter automatically during registration through a personal referral, group invite, or shared recipe, or can claim one personal friend code once within 72 hours after registration. The invited friend receives bonus credits when the referral is linked. You receive a limited period of free Schmaus Pro only after the invited friend successfully creates or imports their own first recipe, regardless of the group in which they do so; if they claim your code after already completing that step, the reward can be granted at claim time. The app displays currently registered invited friends separately from rewards actually granted, so the first count may decrease when accounts are deleted. Referral rewards only apply to new accounts, are capped per year, may be changed or discontinued with effect for the future, and may be revoked in cases of abuse (for example self-referrals through multiple accounts).

Scope of Pro. Pro applies to each account that has its own entitlement and is not shared through Schmaus groups. On iOS, Apple Family Sharing may grant Pro to eligible family members under Apple's rules; each family member uses their own Schmaus account. Recipes remain visible and cookable within groups as usual; group members without their own entitlement use their own credit allowance for AI operations.

Changes. We may change prices or the free allowance with effect for the future. Price changes for existing subscriptions follow the rules of the respective app store - you will be informed in advance and can cancel before the change takes effect.

11. Availability, Changes, and Updates

We work to keep the Services available and secure, but we do not guarantee uninterrupted or error-free availability at all times.

We may update, modify, suspend, or discontinue parts of the Services where reasonably necessary, for example because of:

legal or regulatory requirements
security reasons
technical improvements or bug fixes
operational changes
changes in third-party services or infrastructure

If a change materially affects your rights or access to an ongoing digital service, we will provide notice where and to the extent required by applicable law. Such notices, as well as service-critical communications - for example security incident or data breach notifications, material service changes, or legal updates affecting your account - may be delivered in-app, via push notification, or by email to the address linked to your account where we have no other reliable contact channel.

12. Term and Account Deletion

These Terms apply for as long as you use the Services.

You may stop using the Services at any time and delete your account. To do so in the app: open the app and tap your profile. Select "Legal". Tap "Delete account" and confirm the deletion. Alternatively, you can delete your account via our account deletion page.

We may suspend or terminate your access, or restrict specific functionality, if you materially violate these Terms, misuse the Services, create legal or security risks, or where we are required to do so by law. Where appropriate, we may warn you first and give you an opportunity to remedy the issue.

If you delete your account:

your account profile data will be deleted from the live Services
you will be removed from groups
groups without remaining members may be deleted together with their associated content
if you own a group that remains active, ownership may be transferred to another member
recipes created by you are deleted from surviving groups
recipes that other users previously copied into their own separate recipes may remain available to those users as independent content
some data may remain in backups for a limited time before final deletion

13. Privacy

Our Privacy Policy explains how we process personal data when you use the Services. It forms an important part of how the Services operate, but it does not replace these Terms.

14. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory applicable law.

We are liable without limitation for:

intent and gross negligence
injury to life, body, or health
claims under the German Product Liability Act
any other case where mandatory law requires unlimited liability

In cases of ordinary negligence, we are liable only for the breach of essential contractual obligations (cardinal obligations). In that case, our liability is limited to the foreseeable damage typical for this type of contract.

Otherwise, liability for ordinary negligence is excluded.

The above limitations also apply to the personal liability of our legal representatives, employees, and agents.

Mandatory statutory rights, including mandatory consumer rights under applicable digital-product law, remain unaffected.

15. Governing Law and Consumer Disputes

These Terms are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer and have your habitual residence in another EU or EEA country, mandatory consumer protection rules of that country remain unaffected.

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless mandatory law requires otherwise.

16. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will publish the updated version with a new "Last updated" date and provide notice where appropriate or legally required. The updated Terms apply from the stated effective date.

If you do not agree to the updated Terms, you must stop using the Services and may delete your account.

17. Miscellaneous

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected.

Our failure to enforce a provision of these Terms does not waive that provision.

These Terms constitute the entire agreement between you and us regarding the Services, unless additional terms apply to a specific feature, promotion, or paid offering.

18. Contact

If you have questions about these Terms or the Services, contact us at:

Factureal GmbH Werner-Warsinsky-Str. 9 44534 Lünen Germany

Email: [email protected] Phone: +4973192702966

For reports about illegal or objectionable content: [email protected]