Terms of Service

Last updated January 15, 2026

MAMAM -- AI-Powered Cooking App

Effective Date: January 15, 2026

Last Updated: March 11, 2026

Acceptance of Terms
Description of Service
Subscription Terms
User Responsibilities
AI-Generated Content Disclaimer and Assumption of Risk
Food Safety Warnings and Acknowledgments
Intellectual Property
Privacy and Data Processing
EU/GDPR Data Rights
Indemnification
Limitation of Liability
Disclaimer of Warranties
Dispute Resolution
Termination
Governing Law
Severability
Changes to Terms
Contact Information

1. ACCEPTANCE OF TERMS

1.1 Agreement to Be Bound

These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("User," "you," or "your") and Yosika Life Quest LLC D.B.A. MAMAM ("MAMAM," "Company," "we," "us," or "our"), governing your access to and use of the MAMAM mobile application and all related services (collectively, the "Service").

BY CLICKING "I AGREE," "ACCEPT," OR ANY SIMILAR AFFIRMATIVE BUTTON OR CHECKBOX, OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. If you do not agree to all of these Terms, you may not access or use the Service.

This Agreement is presented as a click-wrap agreement. Consistent with the enforceability standards set forth in Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002), and related authorities, these Terms are designed to provide reasonably conspicuous notice of their existence and to require your unambiguous, affirmative assent before you may use the Service. You will not be permitted to subscribe to AI-powered features or access any AI-powered features of the Service without first manifesting your assent to these Terms.

1.3 Capacity

You represent and warrant that you are at least 16 years of age and have the legal capacity to enter into this Agreement. If you are under the age of legal majority in your jurisdiction but are 16 or older, you represent that you have the consent of your parent or legal guardian to use the Service and that your parent or legal guardian has read and agrees to these Terms on your behalf. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.4 Additional Acknowledgment Required for AI Features

Before subscribing to AI-powered features of the Service, you must separately acknowledge and consent to the following:

"I understand that AI-generated content, including recipes, cooking instructions, ingredient suggestions, and food safety guidance, may contain errors, inaccuracies, hallucinations, or dangerous instructions. I accept full responsibility for verifying the safety and accuracy of all AI-generated content before acting on it. I am the final safety inspector for all food I prepare."

In addition, before subscribing to AI features, you must provide your informed consent to the following:

(a) AI Data Processing Terms: You consent to MAMAM collecting your inputs (including meal requests, preferences, and conversation history) and transmitting them, via MAMAM's proxy server, to OpenAI for the purpose of generating AI responses. MAMAM acts as the data controller and OpenAI acts as a data processor in this arrangement.

(b) Health Data Sharing (Optional): If you choose to provide dietary restrictions, food allergies, and other health-related data, you consent to MAMAM transmitting this data to OpenAI via MAMAM's proxy server, for the purpose of personalizing AI-generated recipes and improving allergen safety. This data is included in system prompts constructed by MAMAM on your behalf. You understand that this constitutes the processing of health-related data under applicable data protection law, including Article 9 of the GDPR. You may use AI features without providing health data, but results will not be tailored for allergens or dietary needs.

(c) Consent as Prerequisite: The consent described in paragraph (a) above is a prerequisite to subscribing to AI features. You may not use the AI-powered features of the Service without providing this consent. You may withdraw this consent at any time (see Section 9), but doing so will result in the termination of your access to AI features. The health data sharing consent in paragraph (b) is optional and may be granted or withdrawn independently without affecting your access to AI features.

You may not use the AI-powered features of the Service without providing the acknowledgment and consents described in this Section 1.4. These are material conditions of your use of the Service.

2. DESCRIPTION OF SERVICE

2.1 MAMAM Overview

MAMAM is a cooking application that provides AI-powered recipe generation, meal planning, cooking guidance, and related features. The Service includes both core features (meal logging, savings tracking) that do not require a subscription, and AI-powered features that are available through a paid subscription.

For AI-powered features, MAMAM operates as an intermediary between you and OpenAI's artificial intelligence services. MAMAM constructs prompts on your behalf -- incorporating your preferences, dietary restrictions, allergen information, and other inputs you provide -- and transmits those prompts to OpenAI through MAMAM's proxy server infrastructure. The AI-generated responses are then delivered back to you through the Service's interface.

MAMAM does not author or manually create the substantive content of any recipe, cooking instruction, ingredient list, grocery list, nutritional information, or food safety guidance generated through the Service. All such content is generated by OpenAI's AI models in response to prompts constructed by MAMAM on your behalf, incorporating your inputs and preferences. However, because MAMAM constructs these prompts (including system prompts containing your allergen and dietary data), MAMAM is not a mere neutral conduit but rather an active intermediary that shapes the context in which AI content is generated.

2.2 AI-Powered Features (Subscription Required)

The Service employs a proxy-based subscription architecture for AI features. Under this model:

(a) MAMAM operates proxy server infrastructure (hosted in the European Union) that holds MAMAM's API key for OpenAI. You do not need to obtain, manage, or pay for your own AI API keys. In addition to forwarding AI requests, MAMAM's proxy infrastructure maintains persistent data necessary for subscription management and device authentication, including pseudonymized user accounts, credit balances, credit transaction records, and device authentication credentials, stored in databases hosted in the EU. This subscription management data does not include any recipe content, meal logs, dietary preferences, or health-related information.

(b) You subscribe to the AI Features tier (see Section 3) to access AI-powered functionality, including recipe generation, cooking guidance, and related features.

(c) You interact with the AI through the Service's interface by providing inputs such as meal requests, ingredient preferences, and cooking questions.

(d) MAMAM constructs prompts on your behalf, incorporating your inputs along with system prompts that include your stored preferences, dietary restrictions, and allergen information, to improve the relevance and safety of AI responses.

(e) MAMAM's proxy server pseudonymizes your data, strips personally identifiable information, and forwards the constructed prompts to OpenAI's API for processing. AI request and response content (prompts and generated text) is not stored on the proxy -- it passes through in real-time without logging. However, subscription management data (user accounts, credit balances, transaction history, purchase records) is persistently stored on the proxy infrastructure as described in Section 2.2(a).

(f) OpenAI generates content in response to the prompts, subject to OpenAI's own usage policies and content moderation systems.

(g) MAMAM delivers the AI-generated content back to you through the Service's interface, including in card-based UI or via on-device text-to-speech.

2.3 Prompt Construction and Content Intermediation

MAMAM constructs prompts on your behalf to improve the quality and safety of AI-generated content. This includes:

(a) System prompts that incorporate your stored dietary restrictions, allergies, cuisine preferences, and other profile data to personalize AI responses and reduce the risk of allergen exposure;

(b) Contextual framing that instructs the AI model to provide safe cooking temperatures, flag potential allergens, and follow food safety best practices;

(c) User inputs that you provide through the Service's interface, including meal requests, ingredient lists, and cooking questions.

While MAMAM exercises care in constructing these prompts -- including incorporating allergen cross-referencing and safety instructions -- MAMAM does not control or guarantee the substantive output of the AI model. The AI model may still produce content that is inaccurate, incomplete, or unsafe despite MAMAM's prompt-level safeguards (see Section 5 for detailed disclaimers).

2.4 Voice Mode

The Service may include a voice interaction mode that allows you to communicate with the AI assistant using speech. Voice mode operates as follows:

(a) Speech-to-text is performed entirely on your device using Apple's SFSpeechRecognizer (iOS 17+) or Apple's SpeechAnalyzer (iOS 26+). No audio data leaves your device. Only the resulting transcribed text is used.

(b) On-device intent classification (iOS 26+): Transcribed voice commands may be classified on your device using Apple Foundation Models (Apple's on-device language model framework) to determine the type of request (e.g., recipe generation, cooking guidance, timer control). This classification is performed entirely on-device; no data is sent to Apple or any third party for this purpose.

(c) The transcribed text (not the original audio) is incorporated into prompts constructed by MAMAM and sent to OpenAI via the proxy server, as described in Section 2.2.

(d) Text-to-speech responses are synthesized entirely on your device using Apple's AVSpeechSynthesizer. No audio data is transmitted to or from any server.

(e) Voice mode is included as part of the AI Features subscription and is not a separate tier.

2.5 Features

The Service may include, without limitation, the following features:

(a) AI-powered recipe suggestions, generated by OpenAI in response to prompts constructed by MAMAM on your behalf (subscription required);

(b) Real-time, hands-free cooking guidance, including voice interaction mode (subscription required);

(d) Meal logging and cooking history tracking (available without subscription);

(e) Savings tracking and cooking cost management (available without subscription);

(f) Recipe import from third-party websites via URL (subscription required -- see Section 2.6);

(g) Other features as may be offered from time to time.

2.6 Recipe URL Import

The Service may allow you to import recipes from third-party websites by providing a URL. When you use this feature:

(a) MAMAM fetches the web page at the URL you provide, on your behalf, to extract structured recipe data (such as ingredients, instructions, and cooking times) using standard metadata formats (e.g., Schema.org Recipe markup).

(b) MAMAM does not control, endorse, or assume responsibility for the content, accuracy, safety, or privacy practices of third-party websites from which you import recipes. You access third-party content at your own discretion and risk.

(c) Third-party website privacy policies govern how those websites handle your visit. MAMAM's retrieval of a web page on your behalf may transmit your device's IP address and standard HTTP headers to the third-party website's servers.

(d) Imported recipe content is subject to the same disclaimers and limitations as other content in the Service. You remain responsible for verifying the safety and accuracy of any imported recipe before acting on it.

3. SUBSCRIPTION TERMS

3.1 Subscription Tiers

Access to AI-powered features of the Service requires an active subscription. The following subscription tiers are available:

(a) Monthly Plan: $4.99 per month;

(b) Annual Plan: $34.99 per year.

Prices are in United States Dollars and are subject to change. MAMAM will provide reasonable notice of any price changes before they take effect. Price changes will not affect the current billing period of existing subscribers.

3.2 Free Trial

New subscribers are eligible for a one (1) month free trial of AI Features. The free trial provides full access to all AI-powered features of the Service.

(a) The free trial automatically converts to a paid subscription at the end of the trial period unless you cancel before the trial period ends.

(b) If you cancel during the free trial period, you will retain access to AI features until the end of the trial period, after which AI features will become unavailable.

3.3 Billing and Subscription Data

All subscription billing is processed through the Apple App Store via Apple's StoreKit framework.

(a) Payment will be charged to your Apple ID account at confirmation of purchase (or at the end of the free trial period, if applicable).

(b) Subscriptions automatically renew at the end of each billing period unless auto-renewal is turned off at least 24 hours before the end of the current period.

(c) Your account will be charged for renewal within 24 hours prior to the end of the current billing period, at the subscription rate then in effect.

(d) To manage your subscription and credit balance, MAMAM's proxy infrastructure stores subscription management data -- including your pseudonymized account identifier, credit balance, credit transaction history (grants, purchases, deductions, refunds), and StoreKit purchase verification records -- in Cloudflare D1 and Cloudflare KV, both hosted in the European Union (see Section 2.2(a) and Privacy Policy for details).

3.4 Cancellation

You may cancel your subscription at any time through Apple's subscription management settings on your device:

(a) Go to Settings > [Your Name] > Subscriptions > MAMAM, and select Cancel Subscription; or

(b) Manage your subscription through the App Store app.

Cancellation takes effect at the end of the current billing period. You will retain access to AI features until the end of the period for which you have already paid.

3.5 Refunds

Refund requests are handled by Apple in accordance with Apple's refund policies. MAMAM does not directly process refunds for subscriptions purchased through the App Store. To request a refund, contact Apple Support or visit reportaproblem.apple.com.

3.6 Effect of Subscription Lapse

If your subscription expires, is cancelled, or otherwise lapses:

(a) AI-powered features (recipe generation, AI cooking guidance, grocery list generation, voice-mode AI interactions) will become unavailable;

(b) Core app features that do not rely on AI (including meal logging, savings tracking, and viewing previously saved recipes) will continue to function;

(c) Your account data, preferences, and previously saved content will be retained and will be available if you resubscribe;

(d) You may resubscribe at any time to regain access to AI features.

Before your subscription can be activated, you must provide consent to the AI data processing terms described in Section 1.4(a). Health data sharing consent (Section 1.4(b)) is optional — you may use AI features without providing health data, but AI responses will not be personalized for allergens or dietary needs. If you withdraw your AI data processing consent at any time, your access to AI features will be suspended even if your subscription remains active. No refund or credit will be provided for any remaining subscription period during which access is suspended due to consent withdrawal.

3.8 Credit System

AI-powered features in MAMAM are metered through a credit system. This section describes how credits are allotted, purchased, consumed, and retained.

3.8.1 Monthly Credit Allotment

Each active subscription includes a monthly allotment of five hundred (500) credits, which are granted at the start of each billing cycle. Monthly credits are a benefit of your subscription and are not a separate purchase.

3.8.2 Monthly Credit Rollover

Unused monthly credits carry over from one billing cycle to the next, subject to a maximum balance cap of one thousand (1,000) monthly credits (equal to two times the monthly allotment). If your accumulated monthly credit balance would exceed this cap after a new monthly allotment is applied, your monthly credit balance will be set to the cap of 1,000 credits, and any excess credits above the cap will not be retained.

Example: If you have 800 monthly credits remaining at the end of a billing cycle, 500 new credits will be allotted at the start of the next cycle. Because 800 + 500 = 1,300 exceeds the 1,000-credit cap, your monthly credit balance will be set to 1,000. The remaining 300 credits will not be carried forward.

3.8.3 Purchased Credits (Top-Up Packs)

In addition to your monthly allotment, you may purchase credit top-up packs as consumable in-app purchases through the Apple App Store. The following top-up packs are available:

(a) Starter Pack: 100 credits for $1.99;

(b) Popular Pack: 300 credits for $4.99;

Prices are in United States Dollars and are subject to change. Top-up pack purchases are non-refundable except as required by applicable law or Apple's refund policies.

3.8.4 Purchased Credits Do Not Expire

Credits purchased through top-up packs do not expire and have no maximum balance cap. Purchased credits will remain in your account until you use them, regardless of your subscription status. In compliance with Apple App Store Review Guideline 3.1.1, credits acquired through in-app purchase will not be subject to any time-based expiration.

3.8.5 Credit Costs Per Feature

AI-powered features consume credits at the following rates:

(a) Recipe generation: 10 credits per recipe;

(b) Voice AI question (cloud-based AI query during cooking): 2 credits per question;

(d) Cooking conductor annotations (automatic recipe preparation for multi-dish cooking): 0 credits — this cost is absorbed into the subscription.

MAMAM reserves the right to adjust credit costs per feature with reasonable notice. Any changes to credit costs will not apply retroactively to credits already consumed.

3.8.6 Credit Deduction Order

When you use an AI-powered feature that consumes credits, your monthly credits are consumed first. Purchased credits are only consumed after your monthly credit balance has been fully depleted. This deduction order is applied automatically and cannot be changed by the user.

3.8.7 Credit Display

Your total available credit balance (combining monthly and purchased credits) is displayed within the app. You may view a breakdown showing your monthly credit balance and purchased credit balance separately.

3.8.8 Out-of-Credits Behavior

If your credit balance (both monthly and purchased) reaches zero:

(a) AI cloud features are disabled. Features that require cloud-based AI processing — including recipe generation, voice AI questions, and AI-assisted URL import — will be unavailable until you acquire additional credits through a top-up purchase or until your next billing cycle grants a new monthly allotment.

(b) On-device features remain available. Voice-based cooking navigation commands that are processed entirely on your device — such as "Next step," "Previous step," and timer controls — do not consume credits and will continue to function at all times, regardless of your credit balance.

(c) Active cooking sessions are protected. If your credits are exhausted during an active cooking session, on-device voice navigation will continue uninterrupted. Cloud-based voice AI questions will become unavailable for the remainder of that session. You will not be presented with a paywall or purchase prompt during an active cooking session. Any purchase prompts will appear only after the cooking session has concluded.

3.8.9 Credits Upon Subscription Lapse

If your subscription expires, is cancelled, or otherwise lapses:

(a) Any remaining monthly credits in your balance will no longer be available, as monthly credits are a subscription benefit;

(b) Any purchased credits in your balance will be retained indefinitely and will remain available if you resubscribe;

(d) If you resubscribe, you will receive a new monthly allotment of 500 credits, and any retained purchased credits will be available alongside your new monthly balance.

3.8.10 Credit Ownership and Restrictions

(a) Credits are individual to the user associated with the Apple ID through which they were purchased. Credits cannot be transferred, gifted, sold, or traded to any other user or account.

(b) Purchased credits acquired through consumable in-app purchases are not eligible for Apple Family Sharing, as Apple does not support Family Sharing for consumable in-app purchase items.

(c) Credits have no cash value and cannot be redeemed for cash or any form of monetary refund, except as required by applicable law.

(d) MAMAM reserves the right to modify the credit system, including credit allotments, rollover caps, and per-feature costs, with reasonable advance notice to users. Any such changes will be communicated through the app and, where required, through updates to these Terms.

4. USER RESPONSIBILITIES

4.1 Account and Subscription Management

You are solely responsible for:

(a) Maintaining the security and confidentiality of your account credentials and Apple ID;

(b) Managing your subscription, including renewal and cancellation, through Apple's subscription management;

(c) Providing accurate and complete allergen and dietary restriction information in your profile, as this information is used by MAMAM to construct prompts for AI safety purposes;

(d) Updating your allergen and dietary restriction information promptly if it changes;

(e) Understanding the capabilities, limitations, and known risks associated with AI-generated content, as described in these Terms.

4.2 Duty of Care and Food Safety

YOU ARE THE FINAL SAFETY INSPECTOR FOR ALL FOOD YOU PREPARE. Regardless of any content generated by AI through the MAMAM Service -- and regardless of any allergen cross-referencing, safety instructions, or other safeguards that MAMAM incorporates into prompts -- you bear sole and exclusive responsibility for:

(a) Verifying the safety and accuracy of all recipes, cooking instructions, ingredient lists, cooking times, and cooking temperatures before acting on them;

(b) Checking internal temperatures of all meats, poultry, seafood, and other potentially hazardous foods using a calibrated food thermometer, in accordance with the United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) guidelines, available at www.fsis.usda.gov;

(c) Identifying and avoiding allergens and ingredients to which you or any person who will consume the food may have allergies, sensitivities, intolerances, or adverse reactions;

(d) Exercising independent judgment regarding food safety, including but not limited to proper food handling, cross-contamination prevention, storage temperatures, and expiration dates;

(e) Consulting qualified professionals -- including licensed physicians, registered dietitians, certified allergists, and food safety professionals -- for any dietary, nutritional, medical, or food safety questions;

(f) Complying with all applicable laws, regulations, and guidelines relating to food safety, food handling, and food preparation in your jurisdiction;

(g) Ensuring the safety of any food served to third parties, including but not limited to guests, family members, customers, and members of the public.

4.3 Prohibited Uses

You agree not to use the Service to:

(a) Prepare or serve food in a manner that violates any applicable law, regulation, or health code;

(b) Provide professional culinary, nutritional, dietetic, or medical advice to others based on AI-generated content without appropriate professional qualifications and licensure;

(c) Operate a commercial food service establishment in reliance on AI-generated content without independent professional verification of all recipes, procedures, and food safety practices;

(d) Circumvent, disable, or interfere with any safety warnings, disclaimers, or acknowledgment requirements within the Service;

(e) Attempt to access AI features without an active subscription or in violation of these Terms;

(f) Reverse engineer, decompile, disassemble, or attempt to derive the source code, object code, underlying structure, algorithms, ideas, or data structures of any part of the Service, including the application software, proxy server infrastructure, AI orchestration logic, prompt engineering techniques, or system prompt content;

(g) Monitor, intercept, analyze, or capture network traffic between the Service and any server, including but not limited to man-in-the-middle interception, packet sniffing, SSL/TLS interception, or certificate pinning bypass;

(h) Perform static or dynamic binary analysis, runtime instrumentation, method swizzling, hooking, injection, memory inspection, heap analysis, or debug symbol extraction on the Service;

(i) Circumvent, disable, or interfere with any technical protection measures, code obfuscation, certificate pinning, jailbreak detection, tamper detection, or other security mechanisms implemented in the Service;

(j) Create, distribute, or use any tool, script, or software designed to automate, scrape, probe, benchmark, or extract information from the Service or to circumvent any technical protection measures;

(k) Reproduce, reconstruct, or create derivative works from any part of the Service based on information obtained through use, observation, analysis, or any other means;

(l) Use the Service for competitive analysis, benchmarking, or to develop a competing product or service;

(m) Use the Service for any unlawful, harmful, or fraudulent purpose.

5. AI-GENERATED CONTENT DISCLAIMER AND ASSUMPTION OF RISK

5.1 Nature of AI-Generated Content

You acknowledge and agree that content generated by OpenAI's AI models through the Service is inherently probabilistic, unpredictable, and subject to significant limitations, including but not limited to:

(a) Hallucinations: AI models may generate content that is entirely fabricated, including fictitious recipes, nonexistent ingredients, invented cooking techniques, and fabricated safety information that has no basis in fact;

(b) Inaccurate measurements: AI models may provide incorrect quantities, proportions, weights, volumes, cooking times, and cooking temperatures that could result in unsafe or inedible food;

(c) Unsafe instructions: AI models may generate cooking instructions that, if followed, could result in undercooking, contamination, foodborne illness, allergic reactions, burns, fires, or other injuries to persons or property;

(d) Nutritional inaccuracies: AI models may provide incorrect nutritional information, calorie counts, macronutrient breakdowns, and dietary classifications;

(e) Allergen omissions or errors: AI models may fail to identify, warn about, or adequately flag the presence of common or uncommon allergens in suggested recipes or ingredient lists. Although MAMAM constructs prompts that include your stored allergen information and instructs the AI model to cross-reference allergens, these safeguards are not infallible. AI models may still suggest ingredients containing allergens that you have identified, may fail to recognize hidden or derivative allergens, or may produce inaccurate allergen assessments;

(f) Cultural and contextual errors: AI models may misidentify ingredients, confuse regional cooking practices, or provide instructions that are inappropriate for the user's equipment, altitude, climate, or other environmental factors;

(g) Outdated or contradictory information: AI models may provide information that conflicts with current food safety guidelines, scientific consensus, or regulatory requirements.

5.2 MAMAM's Role in Prompt Construction

You acknowledge that MAMAM constructs prompts that include your allergen data, dietary restrictions, and preferences to improve the safety and relevance of AI-generated content. Despite these efforts:

(a) MAMAM's prompt construction is a best-effort safeguard, not a guarantee of accuracy or safety;

(b) The AI model may disregard, misinterpret, or incompletely follow the instructions in MAMAM's prompts;

(c) MAMAM's allergen cross-referencing relies on the accuracy of the information you provide in your profile and on the AI model's ability to correctly identify allergen-containing ingredients;

(d) No prompt engineering technique can eliminate the inherent risks of AI-generated content;

(e) You remain the final safety inspector, and MAMAM's prompt-level safeguards do not reduce or transfer your responsibility to verify the safety of all AI-generated content before acting on it.

5.3 Express Assumption of Risk

BY USING THE SERVICE, YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF AI-GENERATED CONTENT FOR COOKING AND FOOD PREPARATION PURPOSES. You acknowledge that these risks are inherent in the use of artificial intelligence systems for any purpose, and particularly in the context of food preparation where errors may result in bodily harm, illness, or death.

You understand and agree that:

(a) No AI model is infallible, and no AI-generated content should be treated as authoritative, verified, or safe without independent human verification;

(b) The risks described in Section 5.1 are foreseeable and inherent in the current state of artificial intelligence technology;

(d) Your decision to use AI-generated content for cooking and food preparation is a voluntary assumption of these known and foreseeable risks;

(e) By expressly assuming these risks, you waive and release any claim against MAMAM arising from or related to the risks described in this Section, to the fullest extent permitted by applicable law.

5.4 No Warranties Regarding AI-Generated Content

MAMAM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, NUTRITIONAL VALIDITY, ALLERGEN IDENTIFICATION, SUITABILITY, OR FITNESS FOR ANY PURPOSE OF ANY CONTENT GENERATED BY OPENAI'S AI MODELS THROUGH THE SERVICE.

Without limiting the foregoing, MAMAM specifically disclaims any warranty that AI-generated content will:

(a) Be accurate, complete, current, or free from errors;

(b) Be safe to follow or suitable for human consumption;

(d) Be appropriate for persons with allergies, dietary restrictions, medical conditions, or other individual needs, even where MAMAM has incorporated allergen data into prompts;

(e) Produce the described or intended result.

5.5 Learned Intermediary Disclaimer

THE SERVICE IS PROVIDED FOR INFORMATIONAL AND CONVENIENCE PURPOSES ONLY. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL CULINARY JUDGMENT, FOOD SAFETY EXPERTISE, NUTRITIONAL COUNSELING, MEDICAL ADVICE, OR ANY OTHER FORM OF PROFESSIONAL GUIDANCE.

You are the "learned intermediary" between the AI-generated content and the food you prepare. The duty of care for all food safety decisions rests with you -- the person physically preparing, handling, and serving the food. No AI system, no prompt engineering, and no feature of the MAMAM application can substitute for your own judgment, knowledge, training, and diligence in the kitchen.

If you have questions about food safety, allergens, nutrition, or dietary suitability, you must consult with a qualified professional before acting on any AI-generated content.

6. FOOD SAFETY WARNINGS AND ACKNOWLEDGMENTS

6.1 Mandatory Warnings

In accordance with principles set forth in the Restatement (Third) of Torts: Products Liability, and in fulfillment of the Company's commitment to consumer safety, the following warnings are provided and incorporated into these Terms:

WARNING: AI-generated cooking instructions may contain dangerous errors. Always verify the following before consuming or serving any food prepared using AI-generated guidance:

(a) Internal Temperatures: Use a calibrated food thermometer to verify that all meats, poultry, seafood, eggs, and other potentially hazardous foods have reached safe minimum internal temperatures as specified by the USDA Food Safety and Inspection Service (FSIS). Minimum safe internal temperatures include, but are not limited to:

- Poultry (whole, parts, and ground): 165 degrees F (73.9 degrees C)

- Ground meats (beef, pork, lamb, veal): 160 degrees F (71.1 degrees C)

- Beef, pork, lamb, and veal (steaks, roasts, chops): 145 degrees F (62.8 degrees C) with a 3-minute rest time

- Fish and shellfish: 145 degrees F (62.8 degrees C)

- Eggs and egg dishes: 160 degrees F (71.1 degrees C)

- Leftovers and casseroles: 165 degrees F (73.9 degrees C)

(b) Allergens: AI-generated recipes may contain or may fail to identify the presence of major food allergens, including milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame, and other allergens. Even though MAMAM includes your allergen profile in prompts sent to the AI model, the AI may still suggest recipes containing your identified allergens. Always verify all ingredients for potential allergens before preparing or serving food, especially when cooking for others.

(c) Cross-Contamination: Follow proper food handling practices to prevent cross-contamination between raw and cooked foods, between different allergen groups, and between potentially hazardous and ready-to-eat foods.

(d) Ingredient Identification: Verify the identity and edibility of all ingredients suggested by AI-generated content. AI models may confuse edible and toxic plants, fungi, or other ingredients.

(e) Cooking Equipment Safety: AI-generated instructions may not account for the specific capabilities, limitations, or safety requirements of your cooking equipment. Always operate cooking equipment in accordance with the manufacturer's instructions.

6.2 In-App Safety Notices

In addition to the warnings set forth in these Terms, the Service may display in-app safety notices and reminders during your use of the Service (e.g., "Check all meat with a thermometer," "Verify allergens before serving," "AI content may contain errors"). These in-app notices are provided as a convenience and supplement to, not a replacement for, your independent duty of care. The presence or absence of any particular in-app warning does not alter, limit, or expand any obligation or disclaimer set forth in these Terms.

6.3 Acknowledgment

By using the Service, you acknowledge that you have read and understood the warnings set forth in this Section 6, that you accept full responsibility for food safety, and that you will not rely solely on AI-generated content for any food safety determination.

7. INTELLECTUAL PROPERTY

7.1 MAMAM Intellectual Property

The Service, including but not limited to its design, user interface, software code (whether human-authored or machine-generated), object code, compiled binaries, graphics, logos, trademarks, trade dress, prompt engineering techniques, system prompt content, AI orchestration logic, model selection and configuration, data flow architecture, proxy server design, algorithms, data structures, and all other visual, functional, and technical elements (excluding AI-generated content delivered to you), is the proprietary property of Yosika Life Quest LLC D.B.A. MAMAM. Nothing in these Terms grants you any right, title, or interest in or to the Service or any of its proprietary elements, except for the limited right to use the Service in accordance with these Terms.

7.2 AI-Generated Content

Ownership of AI-generated content is governed by the terms of service of OpenAI and applicable law. MAMAM claims no ownership interest in any content generated by OpenAI through the Service. You are responsible for understanding and complying with OpenAI's terms regarding ownership and use of AI-generated content.

7.3 User Content

To the extent you provide any input, prompts, preferences, allergen information, feedback, or other content to the Service ("User Content"), you retain any ownership rights you may have in such User Content. You grant MAMAM a limited, non-exclusive, royalty-free license to use your User Content solely to the extent necessary to provide the Service to you, including incorporating your User Content into prompts sent to OpenAI.

7.4 Feedback

If you provide feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant MAMAM an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7.5 Trade Secret Designation

You acknowledge and agree that the following elements of the Service constitute trade secrets of Yosika Life Quest LLC D.B.A. MAMAM, protected under the California Uniform Trade Secrets Act (Cal. Civ. Code sections 3426--3426.11), the federal Defend Trade Secrets Act (18 U.S.C. section 1836 et seq.), and any other applicable trade secret laws (collectively, "Trade Secret Information"):

(a) The source code, object code, compiled binaries, and all software comprising or used in the Service, regardless of whether such code was authored by human developers, generated by artificial intelligence or large language models, or produced through any combination thereof;

(b) The architecture, design, structure, organization, and interrelationship of software components within the Service;

(c) Prompt engineering techniques, system prompt content, prompt templates, and AI orchestration logic used to generate, filter, or process AI responses;

(d) Model selection, configuration, fine-tuning parameters, and inference pipeline design;

(e) The design, implementation, and operational logic of the proxy server infrastructure, including authentication mechanisms, subscription management logic, credit systems, and data flow patterns;

(f) Algorithms, data structures, database schemas, API designs, and data processing methodologies;

(g) Technical protection measures, security mechanisms, and anti-circumvention technologies;

(h) Any non-public technical, business, or operational information relating to the Service that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, other persons who can obtain economic value from its disclosure or use.

You acknowledge that the Trade Secret Information derives independent economic value from its secrecy and that MAMAM has taken and continues to take reasonable measures to maintain its secrecy, including but not limited to code obfuscation, access controls, encryption, technical protection measures, and the confidentiality provisions in these Terms.

7.6 Confidentiality Obligation

You agree to hold in strict confidence all Trade Secret Information and any other non-public information about the Service's technical implementation, architecture, or operation that you may access, observe, or learn through your use of the Service (collectively, "Confidential Information"). Without limiting the generality of the foregoing, you shall not:

(a) Disclose, publish, post, transmit, or otherwise make available any Confidential Information to any third party;

(b) Use any Confidential Information for any purpose other than your authorized use of the Service as a consumer end user;

(d) Assist or enable any third party in obtaining, using, or disclosing Confidential Information.

This confidentiality obligation applies to information obtained through any means, including but not limited to observation of the Service's behavior, analysis of network communications, examination of files or data stored on your device by the Service, or any other method.

Exclusions. "Confidential Information" does not include information that (i) is or becomes publicly available through no breach by you; (ii) you lawfully obtained from a third party without a duty of confidentiality; (iii) you independently developed without use of MAMAM's Confidential Information; or (iv) must be disclosed by law or legal process (provided you give us reasonable notice when legally permitted).

7.7 Trade Secret Acknowledgment

By using the Service, you expressly acknowledge and agree that:

(a) The Service embodies valuable trade secrets and proprietary information of MAMAM;

(b) The protection of Trade Secret Information is essential to MAMAM's business, and MAMAM would not make the Service available to you without the protections set forth in these Terms;

(c) Any unauthorized access to, use of, or disclosure of Trade Secret Information would cause irreparable harm to MAMAM that could not be adequately compensated by monetary damages alone;

(d) The restrictions in Sections 4.3(f) through 4.3(l) and this Section 7 are reasonable and necessary to protect MAMAM's legitimate business interests and trade secrets;

(e) You have no ownership interest in and acquire no rights to any Trade Secret Information through your use of the Service.

7.8 Remedies for Breach

You acknowledge and agree that any breach or threatened breach of Sections 4.3(f) through 4.3(l), 7.5, 7.6, or 7.7 of these Terms would cause MAMAM irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available at law or in equity, MAMAM shall be entitled to seek:

(a) Injunctive relief -- temporary, preliminary, and permanent injunctive relief to prevent any breach or threatened breach, to the maximum extent permitted by applicable law, without the requirement of posting a bond or other security;

(b) Specific performance -- an order requiring you to comply with the obligations set forth in these Terms;

(c) Monetary damages -- actual damages, consequential damages, and any other damages recoverable under applicable law, including but not limited to damages recoverable under the California Uniform Trade Secrets Act (Cal. Civ. Code section 3426.3) and the Defend Trade Secrets Act (18 U.S.C. section 1836(b)(3));

(d) Exemplary damages -- in the event of willful and malicious misappropriation, exemplary damages in an amount not exceeding twice the actual damages as permitted by Cal. Civ. Code section 3426.3(c);

(e) Attorneys' fees and costs -- recovery of reasonable attorneys' fees and costs incurred in enforcing these provisions, as permitted by Cal. Civ. Code section 3426.4 and 18 U.S.C. section 1836(b)(3)(D).

These remedies are cumulative and in addition to any other remedies available under law or equity. The pursuit of any one remedy shall not constitute an election of remedies or preclude the pursuit of any other remedy.

7.9 Limitations and Exceptions

Nothing in Sections 7.5 through 7.8 shall be construed to:

(a) Prevent you from independently developing software or products without use of or reference to MAMAM's Trade Secret Information, provided that you bear the burden of proving independent development;

(b) Restrict any rights you may have under applicable law that cannot be waived by contract, including any rights under the European Union Directive on the Legal Protection of Computer Programs (Directive 2009/24/EC) relating to interoperability, to the extent such rights are mandatory and non-waivable in your jurisdiction;

(c) Prevent you from reporting suspected illegal activity to law enforcement or regulatory authorities, or from making disclosures protected by applicable whistleblower laws;

(d) Override any applicable consumer protection law that prohibits the restriction of rights that these Terms purport to limit, to the extent such law is mandatory in your jurisdiction.

7.10 Simplified Descriptions Not Full Disclosure

Any descriptions of the Service's architecture, data flows, or technical implementation provided in these Terms, the Privacy Policy, or any other documentation are simplified summaries provided for transparency and regulatory compliance purposes. Such descriptions are simplified and do not disclose source code, keys, or other non-public implementation details.

8. PRIVACY AND DATA PROCESSING

8.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, available at https://cooking.mamamfood.com/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

8.2 Data Controller and Data Processor

For the purposes of applicable data protection law, including the EU General Data Protection Regulation (GDPR):

(a) MAMAM (Yosika Life Quest LLC D.B.A. MAMAM) is the data controller for personal data collected and processed through the Service. MAMAM determines the purposes and means of processing your personal data.

(b) OpenAI is a data processor acting on MAMAM's behalf. OpenAI processes your data solely for the purpose of generating AI responses in accordance with MAMAM's instructions and the data processing agreement between MAMAM and OpenAI.

8.3 Data Transmitted to OpenAI

When you use AI-powered features of the Service, the following categories of data may be transmitted to OpenAI via MAMAM's proxy server:

(a) Meal requests and cooking queries: The text inputs you provide through the Service's interface, including recipe requests, cooking questions, and ingredient preferences;

(b) Dietary restrictions and allergen data: Your stored dietary restrictions, food allergies, cuisine preferences, and other health-related profile data, which are incorporated into system prompts to improve safety and relevance;

(d) Transcribed speech: If you use voice mode, the text transcribed from your speech by on-device speech recognition (not the audio itself -- see Section 2.4).

Before transmission to OpenAI, your data is processed by MAMAM's proxy server (hosted in the European Union), which pseudonymizes data and strips personally identifiable information to the extent feasible. AI request and response content (prompts and generated text) passes through the proxy in real-time and is not logged or stored. However, the proxy infrastructure separately maintains persistent subscription management data as described in Section 2.2(a).

8.4 Data NOT Transmitted

The following data is processed on your device only and is never transmitted to MAMAM's servers or to OpenAI:

(a) Voice audio: All speech-to-text processing is performed on-device using Apple's built-in speech recognition frameworks. Raw audio never leaves your device.

(b) Text-to-speech audio: All text-to-speech synthesis is performed on-device using Apple's AVSpeechSynthesizer. No synthesized audio is transmitted.

(c) On-device intent classification: Voice command classification performed by Apple Foundation Models (iOS 26+) is processed entirely on your device. No data is sent to Apple or any third party for this purpose.

(d) Biometric data: The Service does not collect or process any biometric data.

8.5 Health Data Processing

Your dietary restrictions, food allergies, and related information constitute health-related data under the GDPR (Article 9) and may constitute health information under other applicable data protection laws. You acknowledge and consent to the processing of this health-related data as follows:

(a) MAMAM collects this data directly from you when you provide it in your profile settings;

(b) MAMAM incorporates this data into system prompts to instruct the AI model to avoid suggesting recipes containing your identified allergens and to personalize content to your dietary needs;

(d) The legal basis for this processing is your explicit consent (GDPR Article 9(2)(a)), which is separate from and independent of the AI data processing consent (see Section 1.4);

(e) You may withdraw your explicit consent at any time (see Section 9.3). If you withdraw, we will stop processing your health data, delete it from your profile where applicable, and stop including it in AI prompts. AI features remain available, but without health personalization.

8.6 International Data Transfers

Your data may be transferred from the European Union to the United States for processing by OpenAI. These transfers are protected by:

(a) The EU-U.S. Data Privacy Framework (DPF); and

(b) Standard Contractual Clauses (SCCs) approved by the European Commission.

Further details on international data transfers are provided in our Privacy Policy.

8.7 Data Flow Summary

For transparency, the data flow for AI interactions is as follows:

You provide input (text or speech) through the Service's interface;
If using voice mode, speech is transcribed on-device by Apple's speech recognition (no audio leaves your device). On iOS 26+, transcribed voice commands may also be classified on-device by Apple Foundation Models;
MAMAM's app constructs a prompt incorporating your input, your stored preferences, dietary restrictions, and allergen information;
The constructed prompt is transmitted to MAMAM's proxy server (hosted in the EU);
The proxy server verifies your subscription status, pseudonymizes the data, and strips personally identifiable information;
The processed prompt is forwarded to OpenAI's API (US, under DPF + SCCs). AI prompts and responses are not logged or stored on the proxy;
OpenAI generates a response and returns it to MAMAM's proxy server;
The response is delivered to the Service on your device;
The response is displayed in the app's card UI or spoken via on-device text-to-speech.

Note: Separately from the AI request/response flow described above, the proxy infrastructure persistently stores subscription management data (pseudonymized user accounts, credit balances, transaction history, purchase records, and device authentication credentials) in a relational database and key-value store, both hosted in the EU. This data is necessary to manage subscriptions, verify purchases, and authenticate devices, and does not include any recipe content, meal logs, dietary preferences, or health-related information. See Section 2.2(a) and the Privacy Policy for full details.

Important: The data flow description in this Section 8.7 and the architectural summaries in Sections 2.2 and 2.3 are simplified and do not disclose source code, keys, or other non-public implementation details. See Section 7.10.

9. EU/GDPR DATA RIGHTS

9.1 Your Data Protection Rights

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, you have the following rights under the GDPR and applicable data protection law:

(a) Right of Access (Article 15): You have the right to request a copy of the personal data MAMAM holds about you, including the data transmitted to OpenAI on your behalf.

(b) Right to Rectification (Article 16): You have the right to request correction of inaccurate personal data, including updating your allergen profile, dietary restrictions, and preferences.

(c) Right to Erasure (Article 17): You have the right to request deletion of your personal data, subject to applicable legal retention requirements. This includes requesting deletion of your profile data, conversation history, and data held by OpenAI on MAMAM's behalf.

(d) Right to Data Portability (Article 20): You have the right to receive your personal data in a structured, commonly used, machine-readable format and to transmit that data to another controller.

(e) Right to Restriction of Processing (Article 18): You have the right to request that MAMAM restrict the processing of your personal data in certain circumstances.

(f) Right to Object (Article 21): You have the right to object to the processing of your personal data in certain circumstances, including processing based on legitimate interests.

Where MAMAM processes your data based on your consent (including health data processing under Article 9(2)(a)), you have the right to withdraw your consent at any time. Withdrawal of consent:

(a) Is as easy as giving consent -- you may withdraw consent through the in-app settings or by contacting us at hello@mamamfood.com;

(b) Does not affect the lawfulness of processing carried out before the withdrawal;

(c) If you withdraw AI data processing consent (Section 1.4(a)), your access to AI features will be suspended (see Section 3.7). If you withdraw only health data consent (Section 1.4(b)), AI features remain available but without health personalization.

9.3 How to Exercise Your Rights

You may exercise any of your data protection rights by:

(a) In-app settings: Access the privacy and data management settings within the MAMAM app to manage your data, update your preferences, withdraw consent, or request data export or deletion;

(b) Email: Contact us at hello@mamamfood.com with your request. We will respond to your request within 30 days, as required by the GDPR.

We may ask you to verify your identity before processing your request.

9.4 Supervisory Authority

If you believe that MAMAM's processing of your personal data violates the GDPR or other applicable data protection law, you have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work, or place of the alleged infringement.

9.5 Data Retention

MAMAM retains your personal data as follows:

(a) Account data (profile, preferences, allergen information): Retained for the duration of your account and deleted within 30 days after account deletion;

(b) Conversation history and AI prompts: MAMAM does not store, log, or retain any AI conversation history, prompts, or responses. All AI request and response data passes through our proxy infrastructure in real-time without retention. This is consistent with MAMAM's Privacy Policy (Section 11). OpenAI may retain input and output data for a limited period (typically up to 30 days) solely for abuse and misuse monitoring under our Data Processing Agreement, after which it is automatically deleted;

(d) Data processed by OpenAI: Subject to OpenAI's data retention policies as described in MAMAM's data processing agreement with OpenAI. MAMAM uses OpenAI's zero-retention API configuration where available.

You may request early deletion of your data at any time by exercising your right to erasure (Section 9.1(c)).

9.6 International Data Transfers

Your personal data may be transferred from the EEA to the United States for processing by OpenAI. These transfers are subject to appropriate safeguards as described in Section 8.6. Further details, including copies of applicable Standard Contractual Clauses, are available upon request by contacting hello@mamamfood.com.

10. INDEMNIFICATION

10.1 General Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS YOSIKA LIFE QUEST LLC D.B.A. MAMAM, AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:

(a) Your use of the Service, including but not limited to your use of any AI-generated content;

(b) Your breach of any provision of these Terms;

(d) Any food you prepare, handle, store, serve, or distribute using or based on AI-generated content obtained through the Service;

(e) Any claim by any third party -- including but not limited to guests, family members, customers, diners, or members of the public -- arising from or relating to food you prepared using or based on AI-generated content, including but not limited to claims for foodborne illness, allergic reactions, personal injury, wrongful death, property damage, or emotional distress;

(f) Your provision of inaccurate or incomplete allergen or dietary restriction information in your profile;

(g) Any claim arising from your use of the Service in violation of these Terms.

10.2 Scope of Indemnification

The indemnification obligations set forth in this Section 10 shall apply regardless of whether the claim arises from the negligence of any Indemnified Party, to the fullest extent permitted by applicable law. These obligations shall survive the termination or expiration of these Terms and your use of the Service.

10.3 Indemnification Procedure

MAMAM shall provide you with prompt written notice of any claim subject to indemnification. You shall not settle any claim without MAMAM's prior written consent, which shall not be unreasonably withheld. MAMAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with MAMAM's defense of such claims.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAMAM OR ANY INDEMNIFIED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER MAMAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, excluded damages include but are not limited to damages arising from:

(a) Any AI-generated content, including recipes, cooking instructions, ingredient lists, or food safety information;

(b) Foodborne illness, allergic reactions, personal injury, or property damage resulting from food prepared using or based on AI-generated content;

(d) Unauthorized access to or alteration of your transmissions or data;

(e) Any interruption, suspension, or termination of the Service.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MAMAM AND ALL INDEMNIFIED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF:

(A) ONE HUNDRED UNITED STATES DOLLARS (US $100.00); OR

(B) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO MAMAM (OR CHARGED TO YOUR APPLE ID ACCOUNT ON BEHALF OF MAMAM) FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

For clarity, subscription fees include monthly or annual AI Features subscription payments processed through the Apple App Store. This limitation of liability is a fundamental element of the basis of the bargain between you and MAMAM. The Service would not be provided to you without such limitations.

11.3 Exculpatory Clause

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT MAMAM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM:

(A) ANY ERRORS, OMISSIONS, INACCURACIES, OR DANGERS IN AI-GENERATED CONTENT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, INCLUDING ANY ERRORS IN ALLERGEN IDENTIFICATION DESPITE MAMAM'S PROMPT-LEVEL SAFEGUARDS;

(B) YOUR RELIANCE ON AI-GENERATED CONTENT FOR COOKING, FOOD PREPARATION, FOOD SAFETY, NUTRITION, OR ANY OTHER PURPOSE;

(C) THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF OPENAI OR ANY OTHER THIRD-PARTY SERVICE PROVIDER;

(D) ANY PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO FOOD PREPARED USING OR BASED ON AI-GENERATED CONTENT.

THIS EXCULPATORY CLAUSE IS INTENDED TO RELEASE MAMAM FROM LIABILITY FOR ITS OWN NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CLAUSE, UNDERSTAND ITS SIGNIFICANCE, AND AGREE TO ITS TERMS.

11.4 Essential Purpose

You acknowledge and agree that the limitations and exclusions set forth in this Section 11 shall apply even if any limited remedy provided in these Terms fails of its essential purpose. You further acknowledge that these limitations are reasonable given the nature of the Service, the proxy-based architecture, and the inherent risks of AI-generated content.

11.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or certain other limitations of liability. In such jurisdictions, the liability of MAMAM shall be limited to the greatest extent permitted by applicable law. In particular, nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable EU or member state law.

12. DISCLAIMER OF WARRANTIES

12.1 "As Is" and "As Available"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAMAM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, fitness for a particular purpose, title, and non-infringement;

(b) WARRANTIES ARISING FROM COURSE OF DEALING, course of performance, or usage of trade;

(c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS of the Service or any content available through the Service;

(d) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES or other harmful components;

(e) WARRANTIES REGARDING THE PERFORMANCE, AVAILABILITY, OR POLICIES of OpenAI or any other third-party service provider;

(f) WARRANTIES THAT AI-GENERATED CONTENT WILL BE SAFE, ACCURATE, NUTRITIONALLY SOUND, ALLERGEN-FREE, OR SUITABLE FOR ANY PURPOSE, even where MAMAM has incorporated allergen data and safety instructions into prompts;

(g) WARRANTIES THAT MAMAM'S PROMPT-LEVEL SAFEGUARDS (including allergen cross-referencing and dietary restriction incorporation) will be effective, complete, or error-free.

12.2 No Professional Advice

The Service does not provide, and shall not be construed as providing, professional culinary advice, food safety guidance, nutritional counseling, medical advice, or any other form of professional advice. The Service provides an interface through which AI-generated content is delivered based on prompts constructed by MAMAM incorporating your inputs and preferences. No content delivered through the Service, regardless of how it is formatted or presented, constitutes professional advice from MAMAM.

12.3 Third-Party Services

MAMAM disclaims all warranties regarding third-party services, including but not limited to OpenAI, Cloudflare, and Apple, and assumes no responsibility for the quality, accuracy, safety, legality, or any other aspect of content or services provided by third parties.

13. DISPUTE RESOLUTION

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact MAMAM at hello@mamamfood.com and attempt to resolve the dispute informally for a period of at least sixty (60) days. Most disputes can be resolved informally, and we encourage you to reach out to us before taking any formal action.

13.2 Binding Arbitration

IF WE ARE UNABLE TO RESOLVE A DISPUTE INFORMALLY, YOU AND MAMAM AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR RELATIONSHIP WITH MAMAM (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

(a) Arbitration Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section 13. The AAA Rules are available at www.adr.org.

(b) Arbitration Location: Arbitration shall take place in South San Francisco, California, or, at your election, may be conducted by telephone, videoconference, or online, to the extent permitted by the AAA Rules.

(c) Arbitrator Authority: The arbitrator shall have the exclusive authority to resolve all Disputes, including but not limited to disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall have the authority to grant any remedy that would be available in a court of competent jurisdiction, subject to the limitations set forth in these Terms.

(d) Arbitration Fees: Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MAMAM will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

(e) Arbitration Award: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall issue a written, reasoned award.

13.3 Class-Action Waiver

YOU AND MAMAM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-PARTY, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, multi-party, or representative proceeding. If this class-action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and the Dispute shall be resolved in court, subject to the remaining provisions of these Terms.

13.4 Mass Arbitration Protocols

If 25 or more similar arbitration demands are filed against MAMAM within a 90-day period, the parties agree that the AAA's Mass Arbitration Supplementary Rules (or equivalent protocols) shall apply, and the parties shall cooperate in selecting a reasonable number of bellwether cases to be arbitrated first, with the results informing the resolution of the remaining claims.

13.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

(a) Bring an individual action in small claims court for Disputes within the jurisdictional limits of such court;

(b) Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, including trade secret misappropriation under the California Uniform Trade Secrets Act or the Defend Trade Secrets Act, or breach of the confidentiality, trade secret, and anti-reverse-engineering provisions of Sections 4.3(f) through 4.3(l) and Sections 7.5 through 7.8 of these Terms. You acknowledge that any such breach would cause irreparable harm to MAMAM not compensable by monetary damages, and that MAMAM shall be entitled to seek such relief, to the maximum extent permitted by applicable law, without the requirement of posting a bond or other security;

(c) Nothing in this arbitration agreement shall be construed to preclude either party from seeking provisional or ancillary remedies from a court of competent jurisdiction pending the outcome of arbitration.

13.6 Opt-Out Right

You have the right to opt out of this arbitration agreement and class-action waiver by sending written notice of your decision to opt out to hello@mamamfood.com within thirty (30) days of first accepting these Terms. If you opt out, neither you nor MAMAM can require the other to participate in arbitration, but all other provisions of these Terms shall remain in effect.

13.7 Survival

This arbitration agreement and class-action waiver shall survive the termination of your account, these Terms, and your use of the Service.

14. TERMINATION

14.1 Termination by You

You may terminate your use of the Service at any time by cancelling your subscription (if applicable), uninstalling the application, and ceasing all use of the Service. You may also request deletion of your account and personal data by contacting us at hello@mamamfood.com or through the in-app data management settings.

14.2 Termination by MAMAM

MAMAM may, in its sole discretion, suspend or terminate your access to the Service, in whole or in part, at any time and for any reason or no reason, with or without notice, including but not limited to if:

(a) You breach any provision of these Terms;

(b) You engage in conduct that MAMAM determines, in its sole discretion, is harmful, fraudulent, or unlawful;

(d) MAMAM discontinues the Service or any feature thereof.

14.3 Effect of Termination

Upon termination:

(a) All rights and licenses granted to you under these Terms shall immediately cease;

(b) You must immediately cease all use of the Service and uninstall the application;

(d) You may exercise your data protection rights (including right to erasure) as described in Section 9;

(e) Sections 4.3 (Prohibited Uses), 5, 6, 7 (Intellectual Property, including all trade secret, confidentiality, and remedies provisions), 9, 10, 11, 12, 13, 15, 16, and any other provisions that by their nature should survive, shall survive termination. For the avoidance of doubt, your obligations under Sections 7.5 (Trade Secret Designation), 7.6 (Confidentiality Obligation), and 7.7 (Trade Secret Acknowledgment) shall survive indefinitely and shall not be limited by the termination of these Terms or your use of the Service.

15. GOVERNING LAW

15.1 Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. For Users located in the European Economic Area, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

15.2 Venue

To the extent that any Dispute is not subject to arbitration under Section 13, or if the arbitration agreement is found to be unenforceable, you agree that any judicial proceeding shall be brought exclusively in the state or federal courts located in San Mateo County, California, and you consent to the personal jurisdiction of such courts. For Users located in the EEA, this provision does not limit your right to bring proceedings in the courts of your country of residence as permitted by applicable law.

16. SEVERABILITY

16.1 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

16.2 Preservation of Intent

In the event that any limitation of liability, disclaimer, exculpatory clause, or indemnification provision is held to be unenforceable in whole or in part, such provision shall be enforced to the maximum extent permitted by applicable law, and the parties' intent to limit liability and allocate risk as described in these Terms shall be given effect to the greatest extent possible.

17. CHANGES TO TERMS

17.1 Right to Modify

MAMAM reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. Any changes to these Terms will be effective upon posting of the revised Terms within the Service or on our website, with an updated "Last Updated" date.

17.2 Notice of Material Changes

For material changes to these Terms, MAMAM will make reasonable efforts to provide you with notice, which may include an in-app notification, push notification, email to the address associated with your account, or a prominent notice within the Service. Where required by applicable law (including the GDPR), MAMAM will obtain your renewed consent for any material changes to data processing practices.

17.3 Continued Use Constitutes Acceptance

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must stop using the Service immediately.

17.4 No Waiver

The failure of MAMAM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by MAMAM.

18. CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms of Service, your data protection rights, or your subscription, please contact us at:

Yosika Life Quest LLC D.B.A. MAMAM

Address: 749 Larch Ave, South San Francisco, CA 94080, USA

Email: hello@mamamfood.com

Website: https://cooking.mamamfood.com

Data Protection Inquiries: hello@mamamfood.com

ADDITIONAL PROVISIONS

Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and MAMAM with respect to the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, between you and MAMAM regarding the Service.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without MAMAM's prior written consent. MAMAM may assign these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except that the Indemnified Parties identified in Section 10 are intended third-party beneficiaries of the indemnification and limitation of liability provisions.

Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Electronic Communications

By using the Service, you consent to receiving electronic communications from MAMAM. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Force Majeure

MAMAM shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, epidemics, pandemics, power failures, internet or telecommunications failures, or failures of OpenAI or other third-party service providers.

Export Compliance

You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple App Store Additional Terms

If you download or use the Service through the Apple App Store, you acknowledge and agree that:

(a) These Terms are between you and MAMAM only, and not with Apple Inc. ("Apple");

(b) Apple has no obligation to furnish any maintenance or support services with respect to the Service;

(c) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service;

(e) In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, MAMAM, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;

(f) Apple and its subsidiaries are third-party beneficiaries of these Terms, and 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 thereof;

(g) All subscription billing for AI Features is processed through Apple's App Store via StoreKit. MAMAM does not directly collect payment information. Subscription management, including cancellation and refund requests, is handled through Apple's systems as described in Section 3.

BY CLICKING "I AGREE" OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MAMAM, SUPERSEDING ALL PRIOR PROPOSALS AND AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN YOU AND MAMAM RELATING TO THE SUBJECT MATTER HEREOF.