1. Acceptance of Terms
These Terms of Service (“Terms”) govern your use of the Actually Cooked mobile application (“the App,” “we,” “us,” or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App. We reserve the right to modify these Terms at any time; your continued use after changes are posted constitutes acceptance of the revised Terms.
2. Description of Service
Actually Cooked helps users compare the estimated cost of ordering food delivery with cooking the same meal at home. The App provides estimated cost comparisons, AI-generated recipes and grocery lists, an optional grocery-cart integration with Kroger-family stores, and savings and cooking-streak tracking. The App is provided for general informational and personal, non-commercial use.
3. Eligibility
You must be at least 13 years of age to use the App. If you are under 18, you represent that you have your parent or legal guardian’s permission to use the App. By using the App, you represent and warrant that you meet these eligibility requirements and that you are not barred from using the App under the laws of any applicable jurisdiction.
4. Cost Estimates and Financial Information
Estimates are generated using artificial intelligence and general market data and vary significantly based on your location and local prices, seasonal availability, the specific store, current delivery pricing, fees, surge pricing and promotions, brand and quality selection, portion sizes, and market fluctuations.
4.1 No Financial Advice
The App does not provide financial advice. Cost comparisons and savings tracking are for informational and motivational purposes only. You should not make financial decisions based solely on the App’s estimates, and actual savings will vary.
4.2 Savings Calculations
“Savings” displayed in the App represent the estimated difference between the App’s delivery-cost estimate and its home-cooking estimate. These are not verified, actual savings and may not reflect real-world price differences. The savings tracker is a motivational tool, not an accounting tool.
5. AI-Generated Content
Recipes, ingredient lists, cooking instructions, and any nutritional information are generated by artificial intelligence (Anthropic’s Claude). While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies. Recipes may not account for all food safety considerations; cooking times and temperatures are estimates that vary by equipment; quantities may need adjustment; and suggested substitutions may not suit all dietary needs. You are responsible for evaluating the suitability and accuracy of any recipe before relying on it.
6. Food Safety, Allergens & Assumption of Risk
If you have food allergies, intolerances, or medical dietary requirements, you must independently verify that all ingredients and instructions are safe for you before proceeding. The App does not provide medical, nutritional, or dietary advice; consult a healthcare professional or registered dietitian for guidance specific to your health. Cooking involves inherent risks — including heat, sharp tools, and allergens — and you knowingly and voluntarily assume all such risks when you choose to prepare any meal.
7. Subscriptions, Purchases & Billing
The App offers a limited number of free recipe generations. Continued or unlimited access to certain features requires an “Actually Cooked Pro” subscription or a one-time lifetime purchase made through Apple’s in-app purchase system.
- Billing through Apple. All purchases are processed by Apple and charged to your Apple Account. We do not process payments or receive your payment-card details.
- Auto-renewal. Subscriptions automatically renew for the same period at the then-current price unless cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours prior to the end of the current period.
- Managing & cancelling. You can manage or cancel a subscription anytime in your Apple Account settings (Settings → your name → Subscriptions). Deleting the App does not cancel a subscription.
- Refunds. Purchases are subject to Apple’s refund policies. We are generally unable to issue refunds directly; refund requests must be made to Apple.
- Price changes. We may change subscription prices. Changes apply to future billing periods and, where required, only after notice and your consent in accordance with Apple’s rules.
8. Kroger Integration
The optional Kroger grocery integration connects to Kroger’s API services. Kroger is a third party not owned or controlled by us, and your use of Kroger’s services is subject to Kroger’s own Terms of Use and Privacy Policy. When ingredients are added to your cart, you are responsible for reviewing the specific products selected, verifying quantities, checking for allergens, and confirming pricing before completing checkout on Kroger’s platform. Automated ingredient-to-product matches may not always be the best choice for your needs. Product availability and pricing vary by location and may change without notice, and we do not guarantee the availability, accuracy, or performance of Kroger’s services.
9. User Conduct
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable law or regulation
- Reverse-engineer, decompile, or disassemble the App
- Interfere with or disrupt the App’s servers or connected networks
- Attempt to gain unauthorized access to any part of the App or related systems
- Use automated means (bots, scrapers) to access the App or its services
- Circumvent any rate limiting or access controls
- Transmit malicious code, spam, or harmful content through the App
- Misrepresent your identity or affiliation when using the App
10. Intellectual Property
The App — including its design, code, graphics, user interface, and branding — is owned by Actually Cooked and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You retain ownership of content you provide (such as screenshots and typed dish names); we use it only to provide the App’s services. Recipes generated by the App are created by artificial intelligence — you may use them for personal purposes, but we do not guarantee they are unique or original, and they may resemble existing recipes.
11. Disclaimer of Warranties
Without limiting the foregoing, we do not warrant that:
- The App will be uninterrupted, error-free, or available at all times
- Cost estimates will be accurate or reflect actual market prices
- Recipes will be safe, suitable, or appropriate for all users
- AI-generated content will be free from errors or omissions
- Any third-party service (such as the Kroger integration) will be available or function correctly
- The App will meet your specific requirements, or that defects will be corrected
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACTUALLY COOKED, ITS OWNER, DEVELOPERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO loss of profits, data, or goodwill; personal injury or property damage related to cooking or food preparation; allergic reactions or adverse health effects from following recipes; financial losses from reliance on cost estimates or savings calculations; errors in grocery orders placed through any third-party service; or service interruptions or data loss — even if advised of the possibility of such damages.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Actually Cooked, its owner, developers, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the App, your violation of these Terms, your violation of any third-party rights, or any content you provide to the App.
14. Apple App Store — Additional Terms
These Terms are between you and Actually Cooked only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App or its content. You acknowledge that:
- Apple has no obligation to furnish any maintenance or support services for the App;
- 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); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App;
- Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar legislation;
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes intellectual property rights;
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. Third-Party Services and Links
The App integrates with third-party services (including Kroger, Anthropic, and Apple) and may contain links to third-party sites. We are not responsible for the content, privacy practices, or terms of any third-party service, do not endorse or guarantee any third-party products or information, and you access them at your own risk.
16. Modifications, Suspension & Termination
We reserve the right to modify, update, suspend, or discontinue the App (or any part of it) at any time, with or without notice, and shall not be liable to you or any third party for doing so. You may stop using the App at any time by uninstalling it. We may restrict or terminate your access if we reasonably believe you are violating these Terms or engaging in abusive use. Upon termination, data stored on your device remains under your control and may be deleted by uninstalling the App or using “Reset All Data.”
17. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict of law principles. Any dispute arising from or related to these Terms or the App shall first be addressed through good-faith negotiation. If negotiation fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, conducted in Portland, Oregon. You and Actually Cooked each waive the right to a trial by jury and to participate in a class, collective, or representative action. Notwithstanding the foregoing, either party may bring an individual claim in small-claims court or seek injunctive or equitable relief in any court of competent jurisdiction.
Arbitration opt-out. You may opt out of this arbitration agreement by emailing legal@actuallycooked.com within 30 days of first accepting these Terms, stating your intent to opt out. Opting out will not affect any other provision of these Terms.
Time to bring a claim. To the extent permitted by law, any claim arising out of or related to the App or these Terms must be filed within one (1) year after it arises, or it is permanently barred.
18. Force Majeure
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, outages or failures of third-party services or networks, changes to third-party APIs, labor disputes, or governmental action.
19. General Terms
If any provision of these Terms is found unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Actually Cooked and supersede prior agreements. Our failure to enforce any provision is not a waiver. You may not assign your rights or obligations without our prior written consent; we may assign ours without restriction. We may revise these Terms by updating this page, and the “Last updated” date will reflect the change; continued use constitutes acceptance.
20. Contact Us
Questions about these Terms? Contact us at legal@actuallycooked.com.