Munch Cooking Terms of Service

Last updated: 25 October 2026

IMPORTANT. PLEASE READ.

  1. ALLERGENS AND FOOD SAFETY ARE YOUR RESPONSIBILITY. Allergen, ingredient, dietary and nutrition information, filters and labels in the Service are generated from each recipe's ingredients and may be wrong or incomplete. Always check the packaging of what you buy before cooking or eating anything. Recipes are not guaranteed to work, to suit your diet, or not to make you ill (Section 4).
  2. AI is used to create our content, including recipes, photographs and tags (Section 5).
  3. SUBSCRIPTIONS RENEW AUTOMATICALLY AND ARE NON-REFUNDABLE, except where required by law or granted by Apple (Section 10).
  4. NO reverse engineering, scraping, bulk downloading, copying recipes, reselling, or using the Service to build a competing product (Section 7).
  5. OUR LIABILITY IS LIMITED (Section 15).
  6. US USERS AND BUSINESS USERS: disputes go to binding individual arbitration in London, and class actions are waived (Section 19). US consumers may opt out within 30 days.
  7. CLAIMS MUST BE BROUGHT IN YOUR OWN NAME ONLY. YOU MAY NOT BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION (Sections 19.4 and 20.3).
  8. THESE TERMS PREVAIL over anything else we say or show you (Section 1.3).

1. Agreement

1.1 These Terms are a binding agreement between you and Parameter Corp Ltd, trading as Munch Cooking ("Munch Cooking", "we", "us") (our details are in "Who we are" below). They govern your use of the Munch Cooking app on the Apple App Store ("App"), munch.cooking and all related features, content and communications (the "Service"). By creating an account, or by accessing, using or buying anything in the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

1.2 Contact: support@munch.cooking (support, cancellations and account deletion), legal@munch.cooking (legal notices and disputes), privacy@munch.cooking (privacy and data rights). Our EU/EEA representative under Article 27 of the EU GDPR can be contacted at eunotice@munch.cooking.

1.3 These Terms prevail. These Terms prevail over anything else we say, publish, display or provide, inside or outside the App, and are not varied, waived or supplemented by it. This includes in-app text, labels, badges, filters, onboarding and paywall copy, our app store listing, website, marketing, support replies, and output from our AI or automated systems. If there is any conflict, inconsistency or ambiguity, express or implied, these Terms prevail. No implied term, representation, course of dealing, custom, feature behaviour or failure to enforce varies these Terms. Only Section 18, or a written document issued from legal@munch.cooking that expressly states it amends these Terms, can change them. No support agent, AI or automated system has authority to amend or waive them. The only exceptions, to the extent of any conflict, are: (a) mandatory law; (b) our Privacy Policy, on the handling of personal data; and (c) the price, billing period and renewal, trial or offer terms shown at the point of purchase, for that purchase.

1.4 Supplemental terms. We may add terms for particular features, promotions or offers. These form part of these Terms. Subject to Section 1.3(c), these Terms prevail if they conflict.

2. Eligibility and accounts

2.1 You must be at least 18. The Service is rated 18+ and is not intended for anyone younger. We may terminate any account we believe belongs to a person under 18.

2.2 You may not use the Service if the law prohibits it or if we have previously suspended or terminated your account.

2.3 If you use the Service for business purposes, you confirm you can bind that business, and "you" includes it ("Business User"). Business Users are not consumers.

2.4 The App creates an account for you when you first open it. You do not give us a name, an email address or a password. If you choose Sign in with Apple, that identity is attached to the account you already have. You are responsible for all activity under your account, and for keeping your device secure. Accounts are personal and may not be shared, sold or transferred.

2.5 You can delete your account, and everything in it, from inside the App, under Profile. Deleting your account does not cancel a subscription bought through Apple (Section 10).

2.6 Your account is licensed to you, not owned by you.

3. What Munch Cooking is and is not

3.1 Munch Cooking is a recipe app. It is not a doctor, allergist, dietitian or nutritionist, and it is not a food business, retailer, inspector or certifier.

3.2 All content is for general information and inspiration only. It is not medical, dietary, nutritional or safety advice. Our recipes, photographs, tags and nutrition figures are generated by AI and reviewed by us, and we do not guarantee that any of it is accurate, complete, current or suitable for you. Ingredients vary by brand and change without notice.

3.3 Featuring a dish or recipe, including marking it "Must try", is not an endorsement or a guarantee of its safety, quality or suitability.

4. Food safety, allergens, recipes and health: YOUR RESPONSIBILITY

4.1 Always check allergens yourself. If you, or anyone you are cooking or buying for, has an allergy, intolerance, coeliac disease or any other medical or dietary condition or requirement, you must, every time, before buying, preparing or eating any food: (a) read the label and packaging of every ingredient you buy; and (b) follow your doctor's or allergist's advice. You must not rely on the Service for this.

4.2 Filters and labels are not guarantees. Allergen, dietary and nutrition information, and all tags, filters and warnings, are generated automatically from each recipe's ingredients and are a convenience only. They may be incomplete, outdated or wrong. The absence of an allergen warning does not mean a recipe is free from that allergen. Coconut is not treated as a tree nut. We do not assess cross-contamination, which happens in the shop, the factory and your kitchen, not in the recipe.

4.3 Recipes are not guaranteed. We do not promise that any recipe will:

  • (a) work, turn out as described, or be free of errors in ingredients, quantities, temperatures, times or methods;
  • (b) suit your diet, allergies, intolerances, religious or ethical requirements, health, medication, pregnancy, age or nutritional needs, or those of anyone you cook for; or
  • (c) not make you or anyone else ill, cause an allergic reaction, or cause other harm.

Whether a recipe or food is suitable and safe, and whether to cook or eat it, is entirely your judgment.

4.4 Cooking is at your own risk. You are responsible for safe food handling, storage and hygiene. You must cook food to safe temperatures, use equipment safely, supervise children, and check instructions for errors. Do not eat foraged or wild foods unless they have been identified by a qualified expert. Recipes containing alcohol are only for people of legal drinking age.

4.5 Nutrition and health information is an estimate, not medical advice. Consult a qualified professional before making dietary changes.

4.6 Emergencies. The Service is not designed for emergencies. If you have an allergic reaction or other medical emergency, call your local emergency number immediately.

4.7 You accept sole responsibility for checking the suitability and safety of any food for yourself and anyone you prepare or serve food for.

4.8 Assumption of risk. To the extent permitted by law, you knowingly and voluntarily assume all risks arising from choosing, buying, preparing, cooking, serving and eating food and drink, including allergic reactions, illness and injury.

5. Artificial intelligence

5.1 AI creates our content. You understand and agree that we use AI and machine learning to create, generate, write, adapt, illustrate and tag content. This includes recipes, cooking times, nutrition, allergen and dietary estimates, descriptions and photographs (together, "AI Content"). AI Content is generated before publication and reviewed by us, and may be wholly or partly AI-generated. An absence of an AI label does not mean a human wrote or checked a particular item.

5.2 AI Content may be inaccurate or incomplete, including about allergens and food safety. You must verify it before relying on it. Section 4 applies in full.

5.3 We do not use your personal information to train AI models, ours or anyone else's. Our content is generated from cuisine and dish names before you install the App, and the providers of the models we use receive nothing about you. We may create anonymised, aggregated statistics as described in our Privacy Policy, and those statistics may be licensed to others, including for AI training. Those statistics are aggregated totals only, carry no identifiers, cover at least 100 users per published figure, and cannot reasonably be traced back to you.

6. Our content and your licence to use the App

6.1 We own the Service. Munch Cooking and its licensors own all rights in the Service. This includes software, code, APIs, algorithms, models, weights, prompts, ranking and recommendation systems, design, text, images, trademarks and the "Munch Cooking" name, as well as:

  • (a) "Munch Cooking Recipes": all recipes we make available, including AI-generated or AI-adapted recipes, together with their titles, ingredients, quantities, methods, tips, variations, nutrition estimates and photographs, and their selection and arrangement;
  • (b) "Munch Cooking Data": all data, databases, datasets, taxonomies, tags, ratings, rankings, selections, compilations and metadata in or generated by the Service, including dish, ingredient and allergen data; and
  • (c) AI Content. As between you and us, Munch Cooking owns all AI Content.

These items, and all other content in the Service, are "Munch Cooking Content". Munch Cooking Content is protected by copyright, database rights, trademark, trade secret and other laws, and by these Terms as a contract. Your obligations apply whether or not any particular item is protected by intellectual property law.

6.2 Licence. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the App on Apple devices you own or control. Under this licence you may view Munch Cooking Content and cook Munch Cooking Recipes for your own personal, household, non-commercial use. Nothing else is permitted without our written permission. No other rights are granted, by implication or otherwise. Saving a recipe gives you no ownership of it.

7. Restrictions

You must not, and must not help, enable or allow anyone else to, do any of the following.

7.1 Scraping and mass downloading. You must not access, extract, collect, copy, download, export, index, cache, archive or harvest any content or data from the Service in bulk or systematically, by any automated or manual means. This includes bots, scrapers, crawlers, scripts, headless browsers, emulators, extensions, AI or agentic tools, private API calls, traffic interception, modified or jailbroken devices, systematic screenshots or screen recording, copy-and-paste or transcription, or using multiple accounts, IPs or devices to evade limits. This applies whether the content is public, behind a login or behind the paywall, and whatever the purpose, including AI training, research or datasets.

7.2 Reverse engineering. You must not reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code, structure, algorithms, models, weights, prompts, ranking logic, data structures, databases or non-public APIs of the App, our systems or Munch Cooking Data. You must not modify the App or create derivative works of it, or remove proprietary notices. The only exception is where the law gives you a right that cannot be excluded by contract, and then only to the extent the law allows, after first requesting the information you need in writing at legal@munch.cooking.

7.3 No competing use. You must not use the Service, Munch Cooking Content, Munch Cooking Data, AI Content or any non-public information obtained from the Service to: (a) build, train, fine-tune, evaluate, benchmark, populate or market any product, service, dataset or AI model that competes with, substitutes for or replicates the Service or any part of it; or (b) reconstruct, infer or imitate our algorithms, models, recommendation or ranking systems, taxonomies, classification methods, selections, databases or datasets, whether by technical analysis or by querying, observing or recording outputs.

7.4 No copying recipes. You must not copy, reproduce, republish, post, distribute, display, adapt, translate, rewrite, paraphrase or compile any Munch Cooking Recipe, in whole or substantial part (including ingredients, quantities and methods), outside the App. This includes on any website, social media, video, publication, app, menu, food business, product, class, dataset or AI system. The only exceptions are as permitted by Section 6.2, or where the law expressly allows it regardless of contract.

7.5 No resale. You must not sell, resell, license, sublicense, rent, lend, trade, transfer, distribute, monetise or otherwise make available for any kind of value, directly or indirectly, any aspect of the Service. This includes Munch Cooking Content, Munch Cooking Recipes, Munch Cooking Data, AI Content and derivatives of them, your account, your subscription, your trial, and any access to paid features.

7.6 Conduct. You must not:

  • (a) circumvent security, rate limits, paywalls, the daily fair-use limit or entitlements, probe or test our systems without written authorisation, introduce malicious code, or interfere with or overload the Service;
  • (b) create accounts by automated means or under false pretences, or after we have suspended or terminated you;
  • (c) use a VPN, proxy, location spoofing or other means to access prices, trials, offers or content not made available in your region, or create multiple accounts to obtain repeated trials or offers; or
  • (d) break any law, including sanctions and export laws.

7.7 Fair use limit. Opening recipes is subject to a daily limit on how many different recipes one account may open. It exists to prevent bulk copying and is not a limit on normal cooking. We may change it.

7.8 Remedies. A breach of Section 6.2 or Sections 7.1 to 7.6 is a material breach. If you commit one:

  • we may immediately terminate your access without refund;
  • you agree that damages may not be an adequate remedy, and that we may seek injunctive and other equitable relief in any court of competent jurisdiction, without proving actual loss and, where permitted, without a bond;
  • you must immediately delete all content and data obtained in breach, including any datasets and models built with it, and confirm this in writing if we ask; and
  • to the extent permitted by law, you are liable for our losses and reasonable legal and investigation costs, and must account to us for your profits.

These remedies are in addition to our rights under intellectual property, database, trade secret, computer misuse (including the UK Computer Misuse Act 1990 and US Computer Fraud and Abuse Act) and anti-circumvention laws.

8. Feedback

If you send us feedback, suggestions or ideas, we may use them for any purpose without restriction or payment to you, and you assign to us all rights in them. Do not send us anything you consider confidential.

The Service does not allow you to post, upload or publish content, and nothing you do in the App is visible to any other user.

9. Reporting a problem

To report a problem with a recipe, a photograph, a charge or anything else in the Service, email support@munch.cooking. To raise a legal complaint, email legal@munch.cooking.

10. Subscriptions, payments and refunds

10.1 Apple sells the subscription. Subscriptions bought in the App ("Subscriptions") are sold and billed through the Apple App Store, using Apple's in-app payment system. Apple's terms also apply, including Apple's Media Services Terms. We do not receive your payment card details. Plan details and prices are shown before purchase.

10.2 Price and taxes. Prices are set per country by Apple from the price tier we select, and are shown in your own currency before you buy. US and Canada: prices shown do not include sales and similar taxes, which are added at checkout. All other countries: prices shown include VAT, GST and similar taxes that Apple is required to collect. You are responsible for any other taxes or charges.

10.3 Automatic renewal. Subscriptions renew automatically at the then-current price at the end of each period, and are charged in line with Apple's billing rules, unless you cancel at least 24 hours before the period ends. Cancel in Settings → [your name] → Subscriptions. You keep access until the end of the paid period.

10.4 Free trials. A free trial lasts 3 days and converts automatically into a paid Subscription at the standard price unless you cancel at least 24 hours before it ends. Trials are limited to one per person unless we say otherwise, and may be withdrawn or changed at any time before you accept them.

10.5 What the trial includes. During a free trial, everything in the Service is available except the recipes inside the cookbook, including the cookbook's own search. You can still browse the cookbook's cuisines and categories and see how many recipes each holds, and the feed, the feed's search and every recipe you open from the feed are not restricted. A paid Subscription unlocks all of it.

10.6 Price changes are notified by Apple under its policies and applicable law. If you do not accept a change, cancel before it takes effect.

10.7 NO REFUNDS. All fees are non-refundable. We do not give refunds or credits for change of mind, non-use, partial use, partially used periods, forgetting to cancel, or forgetting that a trial would convert, except where required by law or where Apple grants a refund.

10.8 Refund requests go to Apple, at reportaproblem.apple.com. Munch Cooking cannot issue, approve or block a refund. Apple decides at its sole discretion.

10.9 Information to Apple. You agree that, when you request a refund or dispute a charge, we may give Apple information about your use of the Service, including usage of paid features, account age, trial history and account status, and whether we believe the refund should be granted or declined.

10.10 Effect of a refund. If any purchase is refunded, reversed or charged back, access to the paid features it covered ends immediately. If we suspect refund abuse, we may refuse future trials or offers, or suspend or terminate the account.

10.11 UK and EU/EEA consumers. When you buy a Subscription, you expressly request immediate access to the paid digital content and services, and you acknowledge that you lose your right of withdrawal once supply begins, to the extent permitted by law. Where the law nevertheless lets you withdraw from a service that has started, you must pay for what was supplied up to withdrawal.

10.12 Chargebacks. We may suspend paid features while a chargeback or payment dispute is unresolved.

11. Apple and third-party services

The Service relies on Apple for sign-in, payment and subscription management, and links to Apple's own subscription screens. Apple's terms govern your use of them. We do not control or take responsibility for them.

12. Changes to the Service

We may add, change, suspend or remove any part of the Service, including features included in a Subscription, for valid reasons. Valid reasons include legal, regulatory, safety or security requirements, technical or operational needs, changes by our providers or Apple, commercial viability, and improving or developing the Service. Beta features are provided as is and may be withdrawn at any time. The Service may not always be available, uninterrupted, error-free or available in every country.

13. Suspension and termination

13.1 You may stop using the Service at any time, and may delete your account in the App.

13.2 We may suspend or terminate your access, in whole or part: (a) immediately if you breach or we reasonably suspect you have breached these Terms, if the law or a regulator requires it, or if your use creates risk or legal exposure for us or others; (b) if your account is inactive for 24 months; or (c) for any other reason on reasonable notice.

13.3 On termination, your licence ends. No refund is due where termination results from your breach.

13.4 Sections 1.3, 3, 4, 5, 6.1, 7, 8, 10.7 to 10.10, and 14 to 22 survive termination, as does any other provision that by its nature should.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT (INCLUDING AI CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT ANY INFORMATION IS ACCURATE, COMPLETE OR SAFE TO RELY ON; THAT ANY RECIPE IS SAFE, SUITABLE OR FREE FROM ANY ALLERGEN; OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

(Not applicable to consumers in Quebec to the extent prohibited by the Quebec Consumer Protection Act.)

15. Limitation of liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUNCH AND ITS AFFILIATES, AND ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "MUNCH PARTIES") ARE NOT LIABLE FOR:

  • (a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES;
  • (b) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY OR DATA;
  • (c) ANY LOSS ARISING FROM: RELIANCE ON ANY CONTENT (INCLUDING ALLERGEN, DIETARY, NUTRITION, RECIPE OR AI CONTENT); YOUR FAILURE TO FOLLOW SECTION 4; ANY COOKING OR FOOD PREPARATION; FOOD OR INGREDIENTS YOU BUY FROM ANY THIRD PARTY; THIRD-PARTY SERVICES; OR UNAUTHORISED ACCESS TO YOUR ACCOUNT; OR
  • (d) ANY LOSS THAT WAS NOT REASONABLY FORESEEABLE, OR ANY BUSINESS LOSS.

15.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL MUNCH PARTIES TOGETHER FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS, HOWEVER ARISING (INCLUDING NEGLIGENCE), IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, AND £50 (OR LOCAL EQUIVALENT).

15.3 To the extent permitted by law, any claim must be brought within one year after it arises.

15.4 No personal claims. To the maximum extent permitted by law, you agree to bring any claim relating to the Service or these Terms only against Munch Cooking, and not personally against any of Munch Cooking's shareholders, directors, officers, employees or agents. Each of them may enforce this Section and Sections 15.1 to 15.3.

15.5 No injunctions against the Service. To the maximum extent permitted by law, your remedies for any claim are limited to damages under this Section 15. You may not seek to enjoin or restrict the operation of the Service, or our use or exploitation of any content or data.

15.6 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability, or any consumer right, that cannot lawfully be excluded or limited. Our exclusions apply only to the extent the law allows.

(Sections 15.1 to 15.5 are not applicable to consumers in Quebec to the extent prohibited by the Quebec Consumer Protection Act. For New Jersey residents, Sections 14 to 16 apply only to the extent permitted by New Jersey law.)

16. Indemnity and release

16.1 To the extent permitted by law, you will indemnify, defend and hold harmless the Munch Cooking Parties against all claims, losses, liabilities and costs (including reasonable legal fees) arising from: your breach of these Terms or the law; your infringement of any third-party right; or food you prepare or serve to others using the Service.

16.2 To the extent permitted by law, you release the Munch Cooking Parties from all claims arising from disputes between you and any third party. California residents waive California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

(Not applicable to consumers in Quebec to the extent prohibited by the Quebec Consumer Protection Act.)

17. Privacy and communications

17.1 Our Privacy Policy explains how we handle personal data, including the anonymised statistics described in Section 5.3.

17.2 We do not send marketing email. We have no mailing list and no newsletter.

17.3 You agree to receive service, transactional and legal communications electronically. You cannot opt out of these while you have an account. Electronic communications satisfy any requirement that a notice be in writing.

Who we are

Parameter Corp Ltd, trading as Munch Cooking.

  • Registered in: England and Wales
  • Company number: 16836489
  • Registered office: First Floor Lipton House, Stanbridge Road, Leighton Buzzard, Bedfordshire, United Kingdom, LU7 4QQ

Contact: support@munch.cooking (support, cancellations and account deletion), legal@munch.cooking (legal notices and disputes), privacy@munch.cooking (privacy and data rights). Our EU/EEA representative under Article 27 of the EU GDPR can be contacted at eunotice@munch.cooking.

18. Changes to these Terms

We may change these Terms. We will notify you of material changes in advance in the App. If you continue to use the Service after a change takes effect, you accept it. If you do not agree, stop using the Service and cancel your Subscription. Changes to Section 19 do not apply to disputes notified before the change takes effect.

19. Arbitration in London (US users and Business Users)

This Section applies only if you live in the United States or are a Business User. It affects your legal rights.

19.1 Informal resolution. Before starting arbitration, the claimant must send a written notice of the dispute (to legal@munch.cooking, or to the email address on your account) and allow 60 days for informal resolution. Limitation periods are suspended during that time. This is a condition of starting arbitration.

19.2 Binding arbitration. Except under Section 19.6, all disputes arising out of or relating to these Terms or the Service, including disputes about the scope, validity or enforceability of this Section, will be finally resolved by binding individual arbitration, administered by the ICC International Court of Arbitration under the ICC Rules of Arbitration. The parties expressly opt in to the ICC Expedited Procedure Provisions, whatever the amount in dispute.

  • Seat: London, England.
  • Language: English.
  • Arbitrator: one sole arbitrator.
  • Procedure: on documents only unless the arbitrator requires a hearing, in which case by video conference.
  • Governing law of this Section: the US Federal Arbitration Act for US users; the English Arbitration Act 1996 for Business Users.
  • Award: enforceable in any court of competent jurisdiction.

19.3 Fees. The claimant must pay the ICC filing fee to start proceedings. If you are a US consumer, we will reimburse any part of that fee above US$250 and pay the remaining ICC administrative and arbitrator fees, unless the arbitrator finds your claim frivolous or brought for an improper purpose. For Business Users, costs follow the ICC Rules and the arbitrator may award costs, including legal fees, against the losing party.

19.4 CLASS AND JURY WAIVER. CLAIMS MAY BE BROUGHT ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL CLAIMANT. YOU AND MUNCH WAIVE ANY RIGHT TO A JURY TRIAL.

19.5 Coordinated filings. If 25 or more similar claims are brought by or with the help of the same or coordinated counsel:

  • each side selects 5 cases to proceed first;
  • the rest are stayed, with limitation periods suspended;
  • the parties then mediate in good faith for 60 days; and
  • if mediation fails, the remaining claims proceed in batches of 25.

A court may enforce this Section 19.5.

19.6 Exceptions. Either party may bring an individual claim in small-claims court. Either party may also seek injunctive or interim relief in any competent court to protect intellectual property, Munch Cooking Content, Munch Cooking Data or confidential information, or to stop a breach of Section 7.

19.7 Opt-out. US consumers may opt out of this Section by emailing legal@munch.cooking with "Arbitration Opt-Out", their name and their account email within 30 days of first accepting these Terms.

19.8 Severability. If the class waiver is unenforceable for a claim, that claim alone proceeds in court, stayed pending arbitration of the rest. If the seat, rules or fee terms are unenforceable as applied to a US consumer, the arbitration proceeds instead under the American Arbitration Association's Consumer Arbitration Rules by video conference. Any other unenforceable part is severed. The arbitration and any award are confidential, except as needed to enforce or challenge an award or as required by law.

20. Governing law and jurisdiction

20.1 These Terms and any dispute or claim (including non-contractual claims) relating to them or the Service are governed by the laws of England and Wales. Subject to Section 19, the courts of England and Wales have exclusive jurisdiction.

20.2 If you are a consumer, you also benefit from any mandatory provisions of the law of, and any non-excludable right to bring proceedings in, the place where you live.

20.3 Individual claims only. To the maximum extent permitted by law, in any forum (court, tribunal or arbitration):

  • (a) you may bring a claim against Munch Cooking only in your own name and on your own behalf;
  • (b) you may not bring, join, participate in, or be a member of or represented in any class action, collective action, group litigation, representative action or other proceeding brought on behalf of, or together with, any other person, and where you are included in such a proceeding without your active participation, you agree to opt out of it where you are able to;
  • (c) you may not assign or transfer any claim against Munch Cooking to any other person, including any claims vehicle, aggregator or litigation funder; and
  • (d) no claim of yours may be consolidated or joined with any claim of another person without Munch Cooking's written consent.

This Section 20.3 applies in addition to Section 19.4. (Not applicable to consumers in Quebec.)

20.4 Regional notices. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Apple

21.1 This Section applies to the App obtained from the Apple App Store. It allocates responsibility as between Munch Cooking and Apple only. It does not give you any right or remedy against Munch Cooking beyond those set out elsewhere in these Terms or required by law.

21.2 These Terms are between you and Munch Cooking, not Apple. As between Munch Cooking and Apple, Munch Cooking is responsible for the App and its content.

21.3 Your licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in Apple's Media Services Terms. The App may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.

21.4 Apple has no obligation to provide any maintenance or support for the App. Any maintenance or support is provided by Munch Cooking, only to the extent set out in these Terms or required by law.

21.5 To the extent any warranty applies that has not been effectively disclaimed, Munch Cooking (not Apple) is responsible for it. If the App fails to conform to such a warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App. To the maximum extent permitted by law, Apple has no other warranty obligation.

21.6 As between Munch Cooking and Apple, Munch Cooking (not Apple) is responsible for addressing any claims relating to the App, including product liability claims, claims of non-compliance with legal or regulatory requirements, and consumer protection or privacy claims. As between Munch Cooking and Apple, Munch Cooking (not Apple) is responsible for investigating, defending, settling and discharging any third-party claim that the App infringes intellectual property rights. All such claims remain subject to Sections 14 to 16 and 19.

21.7 You represent that you are not located in a country subject to a US Government embargo, or designated by the US Government as a "terrorist supporting" country, and are not on any US Government list of prohibited or restricted parties.

21.8 Questions about the App should be sent to support@munch.cooking or legal@munch.cooking. You must comply with applicable third-party terms when using the App.

21.9 Apple and its subsidiaries are third-party beneficiaries of these Terms. On your acceptance, Apple may enforce them against you.

22. General

22.1 Assignment and novation. We may assign, novate, transfer, subcontract or otherwise deal with any or all of our rights and obligations under these Terms, at any time and without further consent. This includes transfers to an affiliate, or in connection with a merger, acquisition, reorganisation, financing, insolvency or sale of all or part of our business or assets. You consent in advance to any such novation. On notice to you (including by updating these Terms), the transferee replaces Munch Cooking as a party for what is transferred, and Munch Cooking is released from those obligations. If you are a consumer, we will not do this in a way that materially reduces your protections under these Terms. You may not assign or transfer any of your rights or obligations.

22.2 Entire agreement. These Terms, the Privacy Policy and any supplemental terms are the entire agreement between you and us, and replace all prior agreements, understandings and statements. You have not relied on any statement or representation not set out in them. Nothing limits liability for fraud.

22.3 Severability. If any provision is invalid or unenforceable, it applies to the maximum extent permitted and is modified to the minimum extent necessary, and the rest remains in force.

22.4 No waiver. Failure or delay in enforcing any provision is not a waiver. A waiver is only valid if made in writing.

22.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control. These include natural disasters, pandemics, war, terrorism, civil unrest, government action, labour disputes, cyber-attacks, and failures of internet, cloud, power, telecoms or third-party platforms (including Apple).

22.6 Third parties. Except for Apple and the Munch Cooking Parties (who may enforce Sections 15 and 16), no third party may enforce these Terms, including under the Contracts (Rights of Third Parties) Act 1999.

22.7 No relationship. These Terms create no partnership, joint venture, employment or agency relationship.

22.8 Language. These Terms are in English, which prevails over any translation to the extent permitted by law. Les parties ont exigé que la présente convention soit rédigée en anglais. (The parties have required that this agreement be drawn up in English.)

22.9 Interpretation and notices. "Including" means including without limitation. Headings do not affect interpretation. Notices to us must be sent to legal@munch.cooking. Notices to you may be shown in the App. To the extent permitted by law, no rule of interpretation applies against Munch Cooking as the party that drafted these Terms.

22.10 Electronic acceptance and records. Tapping, clicking or otherwise accepting these Terms electronically is your electronic signature and has the same effect as a handwritten signature. Our electronic records of your acceptance (including the date, time and version of these Terms), your activity and your transactions are admissible in any proceedings and are evidence of their contents.

22.11 Errors. We may correct errors, inaccuracies or omissions in the Service or any content at any time, without liability.