Terms of Use

Acknowledgement

These Terms are an agreement between you and Incident 57, Inc ("we", "us"), the developer of the App. They are not an agreement with Apple. Apple is not responsible for the App or its content. We are solely responsible for the App and the rights and obligations described in these Terms.

Your handling of personal information in connection with the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Eligibility

You must be at least 13 years old to use the App. If you are located in the European Economic Area, the United Kingdom, or another jurisdiction with a higher minimum digital age, you must be at least 16 years old, or such other minimum age required by your local law. By installing or using the App, you represent that you meet these requirements.

License

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the Usage Rules in those terms. The App is licensed, not sold, to you.

AI-generated content

The App uses on-device AI (including Apple Intelligence and other locally-running models) to generate recipes, ingredient suggestions, and recipe photos. AI-generated content is provided “as is” and is for informational and inspirational purposes only.

Not medical, dietary, or nutritional advice.
AI-generated recipes are not medical, dietary, nutritional, or professional advice. Do not rely on the App for guidance about allergies, dietary restrictions, food sensitivities, special diets, infant or pregnancy nutrition, medication interactions, or any health condition. Consult a qualified medical, dietary, or nutritional professional for any such matter.

Allergens and food safety.
AI may produce inaccurate recipes, including unsafe ingredient combinations, incorrect quantities, missing allergen warnings, or unsafe cooking instructions. You are solely responsible for: (i) verifying every ingredient, including hidden allergens; (ii) ensuring ingredients are safe for everyone who will consume the dish; (iii) following safe food handling and cooking practices, including proper temperatures and times; and (iv) using your own judgment about whether any AI-generated recipe is fit for a particular purpose.

No warranty.
We make no warranty that AI-generated recipes are accurate, complete, fit for a particular purpose, or safe. We are not responsible for outcomes that depend on your interpretation of a recipe, the quality of your ingredients, your skill level, the safety of your cooking environment, or the equipment that you use.

Subscriptions and purchases

The App is free to install. Free use includes storing a certain number of recipes in your library. To store an unlimited number of recipes, you may purchase a monthly or annual subscription or a one-time lifetime unlock through the App Store.

• IAP Titles: "BrightDish Yearly", "BrightDish Monthly", and "BrightDish Forever".
• Length: The monthly subscription renews every month. The yearly subscription renews every year. "BrightDish Forever" is a one-time, non-recurring purchase.
• Content provided: Unlimited library size, all current and future features (except future features for which we incur ongoing costs; see below).
• Price: The current price is shown in the App at the point of purchase. Prices may vary by region.
• Payment: Payment is charged to your Apple ID account at confirmation of purchase.
• Auto-renewal: The subscription auto-renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period.
• Manage and cancel: You can manage your subscription and turn off auto-renewal at any time in your Account Settings on the App Store after purchase.
• Free trial: If a free trial is offered, any unused portion will be forfeited if you purchase a subscription before the trial ends.
• Upgrade: Subscribers may switch to the "BrightDish Forever" purchase at any time. After making that purchase, you must cancel the recurring subscription in iOS Settings; we cannot cancel your subscription automatically.
• Refunds: Refunds are handled by Apple in accordance with the App Store’s refund policy.
• Links: Links to these Terms and to our Privacy Policy are available in the App and on this site (Terms, Privacy).

Future features

We may, in future versions of the App, introduce features for which we incur ongoing costs. (For example, we may allow you to use third-party AI services to generate content, for which we pay a usage-based fee to a third-party provider.) Any such features shall not be automatically available to you if you have purchased the "BrightDish Forever" product. These features may or may not be automatically available to users with an existing active subscription. Access to these features may require existing subscription users to switch to and maintain a more expensive subscription. Access to these features may require existing "BrightDish Forever" purchasers to purchase and maintain an active subscription. By purchasing one of the subscription products or the "BrightDish Forever" product, you agree that future features for which we incur ongoing costs are not automatically covered by your purchase and access to these new features may require a new purchase and active subscription. You agree that this is a reasonable limitation on the existing subscription and one-time purchases.

EU consumer rights and right of withdrawal

If you are a consumer resident in the European Economic Area or the United Kingdom, you may have the right under the EU Consumer Rights Directive (or analogous law) to withdraw from a purchase of digital content within 14 days of purchase. This right is administered through Apple’s App Store refund process; you can request a refund through Apple at reportaproblem.apple.com. By initiating a download of the App or any in-app purchase, you may be deemed to have requested immediate performance and to have waived this right of withdrawal where permitted by applicable law.

Nothing in these Terms limits any mandatory consumer rights you have under the law of your country of residence.

Your content

Recipes you create, import, or edit in the App are your content. We do not claim ownership of your content and we have no access to it unless you provide it to us directly by, for example, emailing a recipe file as part of a support request.

Feedback

If you send us feedback, suggestions, ideas, or bug reports about the App, you grant us a perpetual, worldwide, royalty-free license to use that feedback for any purpose, including improving the App, without obligation or compensation to you. You retain no claim or right in the feedback once submitted.

Acceptable use

You agree not to:

• Reverse-engineer, decompile, or attempt to bypass the App’s purchase or subscription model, except to the extent expressly permitted by applicable law (including Article 6 of the EU Software Directive for interoperability purposes).
• Use the App in violation of applicable law.
• Import or store content you do not have the right to use.
• Use the App in violation of Apple's Terms and Conditions.
• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App.
• Attempt to gain unauthorized access to any portion of the App, related systems, or networks.

Maintenance and support

We are solely responsible for providing any maintenance and support services for the App, as we deem necessary, or as required under applicable law. Apple has no obligation to provide any maintenance or support services in connection with the App.

Warranty

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Product claims

You and we acknowledge that we, not Apple, are responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of any health-related, fitness, or AI-generated information.

Intellectual property

You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party terms

You must comply with applicable third-party terms of agreement when using the App. For example, if you use a wireless data service to download or use the App, your wireless carrier’s data agreement applies.

Account and data deletion

The App does not require an account. Your recipes are stored locally on your device and, if you have iCloud sync enabled, in your private iCloud database. To delete your data, you can remove individual recipes in the App, delete the App from your device, or remove BrightDish data from your private iCloud database through the Settings app on your device. The foregoing procedures remove your content from your device(s); we do not store a separate copy.

Termination

We may suspend or terminate your license to use the App, immediately and without prior notice, if you breach these Terms or use the App in a manner that we reasonably determine creates a risk of harm or legal liability to us, to other users, or to third parties. Upon termination, the rights granted to you under these Terms will end, but the sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, intellectual property, governing law, and general provisions) will continue to apply.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Incident 57, Inc., its affiliates, and their officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of these Terms; (ii) your misuse of the App; (iii) your failure to reasonably verify AI-generated content as described in "AI-generated content", above, or (iv) your violation of any applicable law or any third-party right.

Disclaimers

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any specific result will be obtained from its use.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in full or at all. Nothing in these Terms limits any non-waivable warranty or consumer protection right granted to you by mandatory law in your country of residence.

Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of the App. Our total liability arising out of or relating to these Terms or the App will not exceed the greater of (a) the amount you paid us for the App in the twelve months preceding the claim, or (b) $50 U.S. Dollars.

Some jurisdictions do not allow the exclusion or limitation of certain damages (including, in some cases, liability for death, personal injury, fraud, or gross negligence), so some or all of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited or excluded under the mandatory law of your country of residence.

Apple as third-party beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Material changes will be communicated in the App or by updating this page. Continued use after a change constitutes acceptance.

Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The exclusive venue for any dispute arising under these Terms shall be the state and federal counts located in San Diego County, California. This choice of law and venue does not deprive you of the protection of any mandatory consumer protection rules of the country where you reside.

EU Digital Services Act contact

For purposes of the EU Digital Services Act (Regulation (EU) 2022/2065) and analogous law in the United Kingdom:

• Single point of contact for users: [email protected]
• Single point of contact for authorities: [email protected]
• Communications language: English.

The App does not host, distribute, or moderate user-generated content shared with the public; recipes you create or import are stored privately on your device or in your private iCloud database. We do not provide a content-moderation or notice-and-action mechanism because there is no public user content to moderate.

General

Severability.
If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Entire agreement.
These Terms, together with our Privacy Policy and the Apple Media Services Terms and Conditions, constitute the entire agreement between you and us regarding the App and supersede any prior agreements on the same subject.

Force majeure.
We are not liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, or pandemics.

Assignment.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

No waiver.
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Survival.
Sections that by their nature should survive termination of these Terms — including Disclaimers, Limitation of liability, Indemnification, Intellectual property, Governing law, and these General provisions — will continue to apply.

Contact

Questions about these Terms can be sent to [email protected].

Incident 57, Inc.
San Diego, California