Terms of Service

Effective Date: 26/03/2025

Last Updated: 26/03/2025

1. Introduction

Welcome to Makigan! These Terms of Service (“Terms”) govern your access to and use of the Makigan application, website, and related services (collectively, the “Service”). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Makigan is designed to provide users with personalized recipes, cooking tips, and subscription-based premium features. The Service is provided by Makigan, Inc., a Delaware Corporation, located at 251 Little Falls Dr, Wilmington, Delaware 19808, United States.

Please Note:

The Service is a subscription-based service. You must have an active subscription to access recipes and premium content; browsing recipes without an active subscription is not available.

2. Eligibility

To use the Makigan Service, you must meet the following criteria:

2.1 Age Requirement:

You must be at least 12 years old to use the Service. If you are under 12, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. By using this app, you confirm that you are at least 12 years of age.

2.2 Legal Capacity:

By using the Service, you represent and warrant that you have the full legal capacity to enter into and comply with these Terms. If you are using the Service on behalf of a company or organization, you confirm that you are authorized to bind them to these Terms.

2.3 Compliance with Laws:

You agree to use the Service in compliance with all applicable local, national, and international laws and regulations.

2.4 Prohibited Users:

The Service is not available to users who have been previously suspended or removed from the platform or who are prohibited by law from using the Service.

3. User Obligations

Since Makigan does not allow users to post or interact with content, your primary obligations are as follows:

3.1 Account Information:

- Provide accurate and up-to-date information when creating an account.

- Keep your login credentials confidential and notify us immediately of any unauthorized access or security breach.

- Do not create an account using false information.

3.2 Acceptable Use:

- Use the Service solely for its intended purpose—accessing personalized recipes and cooking tips.

3.3 Not Acceptable Use:

- Attempt to gain unauthorized access to the Service or interfere with its functionality.

- Use reverse engineer, decompile, or extract the source code of the Service.

3.4 Compliance with Policies:

- Follow all additional guidelines and rules provided within the Service, which may be updated from time to time.

4. Account Suspension and Termination

We reserve the right to suspend or terminate your access to Makigan under the following circumstances:

4.1 Violation of Terms:

If you breach any provision of these Terms, we may suspend or terminate your account immediately without prior notice.

4.2 Illegal or Harmful Activities:

Accounts engaged in illegal activities or harmful behavior may be terminated or suspended without notice.

4.3 False or Inaccurate Information:

If the information provided during registration is found to be false, misleading, or incomplete, we may suspend or terminate your account.

4.4 Reinstatement Requests:

If your account is suspended or terminated, you may contact our support team to request a review. We are not obligated to reinstate accounts terminated for valid reasons.

4.5 No Refunds:

Termination for violations of these Terms does not entitle you to a refund for any subscriptions, purchases, or credits associated with your account.

4.6 Preservation of Content:

Upon account termination, all data associated with your account may be deleted. Please back up any important information before termination.

5. Payment and Refund Policy

These terms apply to all payments made for services or subscriptions offered through Makigan.

5.1 Payment Terms:

Accepted Payment Methods: Payments are accepted via credit/debit cards, PayPal, Apple Pay, and other platforms integrated with Makigan.

Subscription Fees:

- Access to Makigan is available exclusively through an active subscription.

- Subscription fees are billed on a recurring basis (e.g., monthly or annually) as specified during the subscription process.

- A free trial is available only to first-time subscribers via Apple’s infrastructure.

Auto-Renewal:

Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends.

Tax and Additional Charges:

All fees are exclusive of taxes unless otherwise stated. You are responsible for any applicable taxes, duties, or similar charges.

Failed Payments:

If your payment cannot be processed, your access to the Service may be suspended until payment issues are resolved.

5.2 Refund Policy:

Eligibility: Refunds are available only if technical issues prevent access to the Service and cannot be resolved, or if you cancel within an applicable legal cooling-off period.

Non-Refundable Fees: Subscription fees and other charges are non-refundable unless required by law.

Partial Period Refunds: Refunds for unused portions of a subscription period will not be granted unless mandated by local regulations.

5.3 Cancellation:

User-Initiated Cancellation: You may cancel your subscription at any time through your account settings or the relevant app store platform. Cancellation stops future charges but does not refund prior fees. Your subscription will remain active until the end of the current billing period.

Termination of Service: If we terminate your account for violating these Terms, you will not be eligible for a refund.

5.4 Third-Party Payment Platforms:

Payments made through platforms such as Apple or Google are subject to their respective terms and policies. Refund requests for such payments must be directed to the respective provider.

5.5 Modifications to Fees:

We reserve the right to modify subscription fees or introduce new fees. If fees change, we will provide reasonable notice via email or in-app notifications. Continued use of the Service after fee changes indicates your acceptance of the new pricing.

6. Limitation of Liability

6.1 No Guarantees:

Makigan is provided on an “as is” and “as available” basis. While we strive to maintain uninterrupted and error-free access, we do not guarantee that the Service will always be available, secure, or free from imperfections.

6.2 Accuracy of Information:

We do not guarantee the accuracy, completeness, or reliability of any content provided through the Service.

6.3 Limitation on Damages:

To the fullest extent permitted by law, Makigan, its affiliates, officers, employees, agents, or licensors shall not be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages,

• Loss of profits, revenue, data, goodwill, or other intangible losses,

even if advised of the possibility of such damages arising from your use or inability to use the Service, or from unauthorized access to your data.

6.4 User Responsibility:

You assume all risks associated with your use of Makigan, including risks to your device, operating system, or data. It is your responsibility to ensure that your use complies with all applicable laws.

6.5 Exceptions:

Certain jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities; in such cases, our liability will be limited to the maximum extent permitted by law.

7. Disclaimer of Liability

7.1 General Information:

The recipes and nutritional information provided in Makigan are for general informational purposes only and should not be considered medical or dietary advice.

Users are encouraged to consult with a healthcare professional or nutritionist for personalized advice.

7.2 Allergy Disclaimer:

Some recipes may include ingredients that could trigger allergic reactions. It is your responsibility to review recipe ingredients to ensure they are safe for you. While allergen-free icons or categories are provided as guidance, Makigan does not guarantee that any recipe is completely free from allergens (e.g., nuts, dairy, gluten, shellfish, eggs, or other known allergens).

7.3 Liability Waiver:

By using Makigan, you agree that Makigan, its employees, and its affiliates are not liable for:

Any allergic reactions or health issues arising from the use or consumption of recipes provided,

Any inaccuracies in ingredient or nutritional information.

7.4 User Responsibility:

You are encouraged to verify ingredient lists before preparing any recipe and consult with a professional if you have concerns regarding allergies or dietary restrictions.

8. Restrictions on Use of Content

All content provided within the Service—including recipes, images, videos, and textual information—is the sole property of Makigan, Inc. or its licensors and is protected by copyright and intellectual property laws.

You agree not to:

- Copy, reproduce, modify, distribute, or create derivative works of any content without prior written consent from Makigan, Inc.

- Sell, resell, or commercially exploit any part of the Service without express authorization.

- Use the content in any manner that competes with or harms Makigan, Inc.

Violation of these provisions may result in termination of your account, legal action, or other remedies permitted by law.

9. Governing Law and Dispute Resolution

9.1 Governing Law:

These Terms and any disputes arising from or related to your use of Makigan shall be governed by and interpreted in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Delaware, United States.

9.2 Dispute Resolution:

9.2.1 Informal Resolution:

Before initiating any legal action or arbitration, you agree to contact us at makigan@makigan.com. We will attempt to resolve any concerns informally within 60 calendar days.

9.2.2 Arbitration Agreement:

If informal resolution fails, you agree to resolve disputes through binding arbitration under the rules of a recognized institution (e.g., the American Arbitration Association) or as mutually agreed:

- Location: Arbitration will take place in Delaware, United States, or remotely if agreed upon.

- Language: Proceedings will be conducted in English.

- Final Decision: The arbitrator’s decision will be final and binding.

- Class Action Waiver: Dispute resolution will proceed solely on an individual basis; claims cannot be consolidated into a class or representative action.

9.3 Regional-Specific Compliance:

For EU Users (GDPR):

- You have the right to request access to or deletion of your personal data.

- For GDPR-related concerns, contact us at makigan@makigan.com or your local data protection authority.

For California Users (CCPA):

You have rights to access and request deletion of your data, and you will not be subject to discrimination for exercising these rights.

9.4 Exceptions to Arbitration:

- Small Claims: Claims may be brought before a small claims court in Delaware, subject to local jurisdictional limits.

- Injunctive Relief: Either party may seek injunctive relief in court for disputes related to intellectual property or unauthorized use of the Service.

9.5 Costs:

Each party will bear its own costs associated with arbitration unless otherwise determined by the arbitrator. For U.S. users, Makigan may reimburse arbitration fees for claims not exceeding $250 USD.

9.6 Opt-Out for U.S. Users:

U.S. users may opt out of the arbitration agreement by sending written notice to makigan@makigan.com within 30 days of first agreeing to these Terms. Opting out does not affect the enforceability of other provisions.

10. Termination

10.1 Termination by the User:

Account Closure: You may terminate your use of Makigan at any time by ceasing use of the Service and deleting your account via the account settings or by contacting us at makigan@makigan.com.

Obligations Upon Termination: You remain responsible for any outstanding fees or obligations incurred prior to termination.

10.2 Termination by Makigan:

10.2.1 Immediate Termination:

We reserve the right to suspend or terminate your access without prior notice if you:

• Violate these Terms or applicable laws.

• Engage in fraudulent, abusive, or harmful behavior.

• Misuse the Service or interfere with its operation.

10.2.2 Discretionary Termination:

We may also terminate your account at our sole discretion, providing at least 30 days’ written notice.

10.3 Effect of Termination:

- Upon termination, you will lose access to your account and all associated content and features.

- No refunds will be provided for fees paid prior to termination unless otherwise required by law.

- Certain sections of these Terms (e.g., intellectual property, limitation of liability, dispute resolution) shall survive termination.

10.4 Reactivation:

If your account is terminated, you may request reactivation by contacting makigan@makigan.com. Reactivation is at our sole discretion.

11. Contact Us

If you have any questions or concerns about our Terms of Service, please contact us at:

Makigan, Inc.

251 Little Falls Dr, Wilmington, Delaware 19808, United States

Email: makigan@makigan.com

Additional Notice:

By using Makigan, you agree to the Apple Standard EULA. All subscription details (such as pricing, duration, and free trial conditions) are provided in the app’s metadata and within the subscription interface via Apple’s infrastructure.