Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of EatEit ("Service"), operated by Orcaas.ai ("Company," "we," "us," or "our"). By creating an account, subscribing to a paid plan, using any AI-powered feature, or otherwise accessing the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Service. We reserve the right to refuse service to anyone for any reason at any time.

2. Service Description

EatEit is a cooking identity platform that allows users to create and manage recipes, log cooks with voice input and photos, build public cooking profiles with stats, follow other cooks, react to cook logs, remix public recipes, create recipe collections, import recipes from external URLs, embed third-party media, and access AI-powered features including nutritional estimation, ingredient substitutions, and recipe polish. The Service includes both free and paid subscription tiers. The Service may evolve, and we may add, modify, or discontinue features at our discretion.

3. Account Registration

To use EatEit, you must create an account using one of the following methods:

• Google OAuth sign-in
• Email magic link authentication

You are responsible for:

• Maintaining the security of your account and authentication credentials
• All activities that occur under your account
• Providing accurate and current account information
• Notifying us immediately of any unauthorized use of your account

You must be at least 13 years old to create an account. By registering, you represent that you meet this age requirement.

4. User-Generated Content

"User Content" includes recipes, cook logs, photos, voice transcriptions, comments, reactions, AI-generated content you choose to save or publish, and any other content you create, upload, or share through the Service.

4.1 Content Ownership

You retain ownership of the User Content you create on EatEit. By posting User Content, you grant Orcaas.ai a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content in connection with operating and improving the Service. This license ends when you delete your content or your account, except where your content has been shared with others and they have not deleted it.

4.2 Intellectual Property and Recipes

Recipes generally consist of factual elements (ingredient lists, quantities, cooking times) that are not copyrightable under U.S. law. However, creative expression in recipe instructions, descriptions, personal anecdotes, and commentary may be protected by copyright. By sharing recipes publicly on EatEit, you acknowledge that other users may use the factual elements of your recipes, while your creative expression remains subject to the license granted above.

4.3 Recipe Remixing and Forking

EatEit allows users to remix (fork) public recipes. When a recipe is remixed, the original creator is credited and an attribution chain is maintained. By making a recipe public, you permit other users to remix it with proper attribution. You may not remove or obscure attribution to original creators in remixed recipes.

4.4 Content Visibility

You control whether your recipes and cook logs are public or private. Public content is visible to all users and may appear in search results, profiles, and feeds. Private content is visible only to you. Certain interactions (follows, reactions on public content) are inherently visible to other users.

5. Acceptable Use Policy

You agree to use EatEit only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity, or falsely represent your affiliation
• Upload content that infringes on the intellectual property rights of others
• Use the Service to spam, harass, or harm other users
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service without permission
• Interfere with or disrupt the Service or its infrastructure
• Upload malware, viruses, or other harmful code
• Use the Service for any commercial purpose not authorized by us
• Circumvent any content moderation or access restrictions

6. Prohibited Conduct

The following conduct is strictly prohibited and may result in immediate account termination:

• Posting content that promotes violence, hatred, or discrimination
• Posting sexually explicit or pornographic material
• Engaging in targeted harassment or bullying of other users
• Creating multiple accounts to evade bans or restrictions
• Manipulating the platform through fake engagement (fake follows, reactions, or accounts)
• Posting deliberately misleading or dangerous cooking information (e.g., unsafe food handling practices)
• Using AI features to generate content that violates these Terms, including but not limited to generating harmful dietary advice, misleading nutritional claims, or content designed to deceive other users
• Providing a third-party API key without authorization from the key holder
• Using the Service to reverse-engineer, probe, or benchmark any third-party AI model

7. AI Features and Machine Learning

EatEit offers optional AI-powered features, including but not limited to: nutritional estimation, ingredient substitution suggestions, recipe polish and rewriting, and other features that may be added from time to time. These features are powered by third-party large language models (currently Anthropic's Claude models) accessed via the user's own API key (see Section 8, "Bring Your Own API Key").

7.1 No Medical, Dietary, or Nutritional Advice

AI-GENERATED NUTRITIONAL INFORMATION PROVIDED THROUGH THE SERVICE IS AN ESTIMATE ONLY. IT HAS NOT BEEN VERIFIED, REVIEWED, OR APPROVED BY A REGISTERED DIETITIAN, LICENSED NUTRITIONIST, MEDICAL DOCTOR, OR ANY OTHER QUALIFIED HEALTHCARE PROFESSIONAL. AI-GENERATED NUTRITIONAL ESTIMATES MAY BE INACCURATE, INCOMPLETE, OR MISLEADING. YOU MUST NOT RELY ON AI-GENERATED NUTRITIONAL INFORMATION FOR MEDICAL DECISIONS, DIETARY PLANNING FOR HEALTH CONDITIONS, OR ANY PURPOSE WHERE INACCURATE INFORMATION COULD CAUSE HARM.

7.2 Allergy and Dietary Restriction Warning

AI-GENERATED INGREDIENT SUBSTITUTION SUGGESTIONS MAY NOT ACCOUNT FOR ALL ALLERGIES, FOOD INTOLERANCES, DRUG INTERACTIONS, OR DIETARY RESTRICTIONS. USERS WITH FOOD ALLERGIES, CELIAC DISEASE, DIABETES, KIDNEY DISEASE, OR ANY OTHER MEDICAL DIETARY REQUIREMENT MUST CONSULT A QUALIFIED HEALTHCARE PROVIDER BEFORE RELYING ON ANY AI-GENERATED SUGGESTION. EATEIT AND ORCAAS.AI ARE NOT RESPONSIBLE FOR ANY ADVERSE HEALTH EFFECTS, ALLERGIC REACTIONS, OR MEDICAL COMPLICATIONS RESULTING FROM RELIANCE ON AI-GENERATED SUGGESTIONS.

7.3 AI Accuracy and Limitations

AI OUTPUT MAY CONTAIN ERRORS, HALLUCINATIONS, FABRICATED INFORMATION, OR INACCURACIES. THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SAFETY OF ANY AI-GENERATED CONTENT. AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL AND CONVENIENCE PURPOSES ONLY AND SHOULD NOT BE TREATED AS AUTHORITATIVE OR VERIFIED INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ANY AI-GENERATED CONTENT BEFORE USING, PUBLISHING, OR RELYING ON IT.

7.4 AI Content Ownership

AI-generated content created through the Service using your API key is treated as User Content under Section 4. You are responsible for reviewing AI-generated content before publishing it. The Company does not claim ownership of AI-generated content but makes no representation regarding your rights to copyright protection for AI-generated material under applicable law.

7.5 Third-Party AI Provider

AI features are powered by Anthropic, PBC ("Anthropic"). Your use of AI features is also subject to Anthropic's Acceptable Use Policy. The Company does not control Anthropic's models, outputs, or service availability. Changes to Anthropic's models, policies, or capabilities may affect AI feature availability or quality without notice from EatEit.

8. Bring Your Own API Key

To use AI-powered features, you must provide your own Anthropic API key ("Your API Key"). By providing Your API Key, you acknowledge and agree to the following:

8.1 Key Storage and Security

Your API Key is encrypted using AES-256-GCM encryption and stored securely. While we employ industry-standard security measures, no method of electronic storage is 100% secure. You acknowledge this inherent risk.

8.2 API Usage Charges

You are solely responsible for any and all charges incurred by Anthropic for API usage through the Service. The Company does not control Anthropic's pricing, rate limits, usage caps, or billing practices. You should monitor your Anthropic account for usage and charges. The Company is not responsible for unexpected API charges resulting from your use of AI features.

8.3 Third-Party Service Availability

If Anthropic's service is unavailable, rate-limited, or otherwise inaccessible, AI features within EatEit will not function. This is not a defect in, or breach of, the Service. The Company is not liable for any downtime, degradation, or unavailability of third-party AI services.

8.4 Key Revocation

You may revoke or remove Your API Key at any time through your account Settings. Upon removal, AI features will become unavailable until a new valid key is provided. The Company will delete the stored encrypted key upon your request or account deletion.

8.5 Your Representations

By providing Your API Key, you represent and warrant that: (a) you are the authorized holder of the API key or have obtained authorization from the key holder to use it with the Service; (b) your use of the API key complies with Anthropic's terms of service; and (c) you will not use the Service to violate Anthropic's acceptable use policies.

9. Paid Features and Subscriptions

9.1 Pro Subscription

EatEit offers a Pro subscription at $8.00 per month ("Pro Plan"), providing access to premium features as described on our pricing page. The Company reserves the right to modify the features included in the Pro Plan at any time.

9.2 Payment Processing

All payments are processed by Stripe, Inc. ("Stripe"). The Company never receives, processes, or stores your full credit card number, debit card number, or bank account details. Your payment information is subject to Stripe's Terms of Service and Privacy Policy.

9.3 Auto-Renewal

Your Pro subscription renews automatically each month on the anniversary of your initial subscription date unless you cancel before the renewal date. You authorize the Company to charge your payment method on file for each renewal period.

9.4 Cancellation

You may cancel your subscription at any time through your account Settings or the Stripe billing portal. Upon cancellation, you will retain access to Pro features through the end of your current billing period. After the billing period ends, your account will revert to the free tier. No prorated refunds will be issued for partial months.

9.5 Refund Policy

All subscription fees are non-refundable except where required by applicable law. If you are located in the European Union, you may exercise your right of withdrawal within 14 days of your initial subscription purchase, provided you have not used the Pro features during that period. To request a withdrawal, contact legal@eateit.com.

9.6 Price Changes

The Company may change subscription pricing at any time. We will provide at least 30 days' notice before any price increase takes effect, via email to the address associated with your account or through the Service. Your continued use of the Pro Plan after the new pricing takes effect constitutes acceptance of the updated price. If you do not agree to a price increase, you must cancel your subscription before the new price takes effect.

9.7 Failed Payments

If your payment method fails, the Company (through Stripe) will attempt to process the payment up to three (3) additional times. If all retry attempts fail, your subscription will be cancelled and your account will revert to the free tier. You are responsible for ensuring your payment method is current and valid.

9.8 Future Paid Features

The Company may introduce additional paid features or services in the future, including but not limited to a Creator Marketplace. Additional terms governing such features will be presented at the time of purchase or enrollment. You will not be charged for any paid feature without your explicit consent.

10. Recipe Import and Attribution

10.1 Import Functionality

EatEit allows users to import recipes from external URLs. The import feature extracts functional elements of recipes, including ingredient lists, quantities, cooking steps, and times. These factual elements are generally not subject to copyright protection under U.S. law (see Publications International, Ltd. v. Meredith Corp.).

10.2 What Is Not Imported

The import feature does not copy creative expression from source pages, including personal stories, headnotes, photographs, illustrations, or other creative commentary. The source URL is preserved and displayed as attribution alongside the imported recipe.

10.3 User Responsibility

You are solely responsible for ensuring you have the right to import and use any content from external sources. The Company does not verify the copyright status of imported content. You represent and warrant that your use of the import feature complies with applicable copyright laws and the terms of service of the source website.

10.4 Liability

The Company is not responsible for any copyright claims, takedown requests, or legal disputes arising from content you import using the Service. You agree to indemnify the Company against any such claims as set forth in Section 16 (Indemnification).

11. Third-Party Embedded Content

EatEit allows users to embed content from third-party platforms, including but not limited to YouTube, Vimeo, TikTok, and Instagram, within recipes and other User Content.

11.1 Third-Party Terms

Embedded content is hosted by and subject to the terms of service, privacy policies, and content guidelines of the respective third-party platform. The Company does not host, control, or moderate embedded third-party content.

11.2 Availability

If embedded content becomes unavailable due to removal by the third-party platform, changes to embedding permissions, or any other reason, the Company is not liable. The appearance of a broken or missing embed is not a defect in the Service.

11.3 User Responsibility

You are responsible for ensuring that any content you embed complies with the applicable third-party platform's terms of service and does not infringe on any third party's rights.

12. DMCA and Copyright Policy

The Company respects the intellectual property rights of others and expects users to do the same. EatEit qualifies as a service provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").

12.1 Designated Agent

Our designated agent for receiving notifications of claimed copyright infringement is:

12.2 Takedown Notice Requirements

To file a valid DMCA takedown notice, you must provide a written communication to our designated agent that includes:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate it on the Service
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

12.3 Counter-Notification

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification to our designated agent containing: (a) identification of the removed material and its prior location; (b) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake; (c) your name, address, and telephone number; (d) consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., any judicial district in which the Company is found); and (e) your physical or electronic signature.

12.4 Repeat Infringer Policy

The Company maintains a policy of terminating accounts of users who are repeat copyright infringers. An account that receives three (3) or more valid DMCA takedown notices will be permanently terminated. The Company reserves the right to terminate any account after a single valid notice in egregious cases.

12.5 No Pre-Screening Obligation

The Company does not pre-screen or monitor all User Content for potential copyright infringement. However, the Company will respond promptly to valid DMCA takedown notices and reserves the right to remove any content at its discretion.

13. Termination

You may delete your account at any time through account settings or by contacting us. Upon deletion, your personal data and content will be removed in accordance with our Privacy Policy. If you have an active paid subscription, cancellation of your subscription is separate from account deletion; please cancel your subscription first to avoid further charges.

We may suspend or terminate your account at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately. If we terminate your paid account without cause, we will provide a prorated refund for the unused portion of your current billing period. Sections that by their nature should survive termination will survive (including but not limited to ownership, limitation of liability, indemnification, and dispute resolution).

14. Our Intellectual Property

The Service, including its design, logo, features, and underlying technology, is owned by Orcaas.ai and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ORCAAS.AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

ORCAAS.AI DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY USER CONTENT, INCLUDING RECIPES, COOKING INSTRUCTIONS, AND AI-GENERATED CONTENT. YOU USE ANY INFORMATION FROM THE SERVICE AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT: (A) AI-GENERATED NUTRITIONAL ESTIMATES ARE ACCURATE OR SUITABLE FOR ANY DIETARY, MEDICAL, OR HEALTH PURPOSE; (B) AI-GENERATED INGREDIENT SUBSTITUTIONS ARE SAFE FOR INDIVIDUALS WITH ALLERGIES, INTOLERANCES, OR MEDICAL CONDITIONS; (C) AI FEATURES WILL BE AVAILABLE, FUNCTIONAL, OR ERROR-FREE AT ALL TIMES; (D) THIRD-PARTY SERVICES (INCLUDING ANTHROPIC AND STRIPE) WILL REMAIN AVAILABLE OR PERFORM AS EXPECTED; OR (E) IMPORTED OR EMBEDDED CONTENT WILL REMAIN AVAILABLE OR ACCURATE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORCAAS.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR FOUNDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; (D) ANY USER CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) ANY AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO NUTRITIONAL ESTIMATES, INGREDIENT SUBSTITUTIONS, OR RECIPE SUGGESTIONS; (F) ANY ADVERSE HEALTH EFFECTS, ALLERGIC REACTIONS, OR MEDICAL COMPLICATIONS ARISING FROM RELIANCE ON AI-GENERATED OR USER-GENERATED CONTENT; (G) CHARGES INCURRED BY ANTHROPIC OR ANY OTHER THIRD-PARTY PROVIDER AS A RESULT OF YOUR API KEY USAGE; (H) THE UNAVAILABILITY OF THIRD-PARTY SERVICES INCLUDING ANTHROPIC AND STRIPE; (I) ANY COPYRIGHT OR INTELLECTUAL PROPERTY CLAIMS ARISING FROM IMPORTED OR USER-SUBMITTED CONTENT; OR (J) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ORCAAS.AI FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless Orcaas.ai, its founder, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content, including any AI-generated content you publish or share; (c) your violation of these Terms; (d) your violation of any rights of another person or entity; (e) your use of AI features and any reliance on AI-generated content; (f) any claims arising from your use of the Bring Your Own API Key feature, including charges incurred by Anthropic; (g) any copyright or intellectual property claims arising from content you imported or embedded; or (h) any claim that your User Content caused damage to a third party.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in California.

19. Dispute Resolution

19.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at legal@eateit.com. If we cannot resolve the dispute informally within thirty (30) days, either party may pursue formal proceedings as set forth below.

19.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved informally shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, conducted in California. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted on a confidential basis.

19.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ORCAAS.AI. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

19.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

21. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orcaas.ai regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or failures of third-party services.
• Notices: We may provide notices to you via the email address associated with your account, through in-app notifications, or by posting on the Service. You may provide notice to us at legal@eateit.com.

22. Contact Us

If you have questions about these Terms of Service, please contact us at: