("AJNS") and you ("You"; "User"). For more information about AJNS see the disclaimer on
our website www.kitchenstories.com.
You can use the "Kitchen Stories" App (the "App") and/or the “Kitchen Stories” Web services (the
distribution platform used to download the App (e.g., the Apple App Store, Google Play, etc.) apply. In case of
1. Subject of agreement
- 1.1 The App and the Services offer community functions and access to content (especially video)
of AJNS and other users on the subject of cooking, which may be displayed in a newsfeed personalized for the User or
accessed through a category list or search functionality. The precise system requirements and the full scope of
functions of the App are found in the product description on the distribution platform used to download the App
(hereinafter the "App Store"). The Services allow the entry and retrieval of content via a website.
- 1.2 The App is provided free of charge in the object code. Use of the community functions is also
free of charge. The source code of the App is not the subject of this agreement.
- 1.3 AJNS reserves the right to provide extended functions beyond those specified above, and run
contests. This may be implemented through additional content within the app or through the in-App purchasing option
terms, respectively, may apply, which will be communicated accordingly before the in-App purchase or before use of
such additional functions or participation in such contests, respectively. Use or or participation in such content
or contests, respectively, is possible only after accepting such terms. The price and scope of functions of the
corresponding in-App purchases is shown always in the offer shown in the App.
- 1.4 AJNS can provide updates for this App free of charge in the respective App Store, which
change the scope of functions of the App. The exact system requirements and the complete scope of functions of such
updates and the updated version of the App can be found in the product and update description in the corresponding
latest updated version of the App acquired in the process of in-App purchase and/or update.
- 1.6 In order for you to be able to use the community functions of the App and/or the Services
(e.g., as available, create profiles, access content of other users, create list of bookmarks or “cook books”,
participate in surveys / vote for most popular recipes, comment, participate in contests, communicate with other
users), you have to register free of charge after downloading the App. You can also use the App and/or the Services
without registering. The community functions are not available to you in this case. Important: AJNS does not
appropriate the user's content!
- 1.7 ANJS may offer Business Accounts with specific functionalities for commercial use of the
community functionalities. These Business Accounts are subject to additional terms.
2. Contract conclusion; optional registration
- 2.1 The contract for use of the App and the Services including the granting of the rights of use
to the App comes into existence once the user clicks on the "install" button (may be called differently
depending on the App Store) on the product description page in the corresponding App Store and enters his/her
password for that App Store; the T&C of the corresponding App Store apply to further details, if pertinent.
- 2.2 The contract about the use of the community functions of the App and the Services come into
existence as follows: By sending a fully completed registration form from the App or through the Kitchen Stories
website, you are concluding a contract. AJNS will confirm the receipt of the registration form. AJNS can accept the
offer by switching on the community functions in the App and in the Services. However, there is not claim to
- 2.3 After registration, we explain to you via email the most important basic functions of the
community. If you have opted in accordingly, we will also send you our newsletter, pointing out new features,
products or content. You can unsubscribe from the newsletter at any time, e.g. by selecting the unsubscribe link in
each newsletter. You can subscribe to the newsletter again at any time.
3. Rights and duties of the user
- 3.1 The data required for registration must be provided truthfully and updated immediately if it
changes to ensure smooth use. If alternative methods with access to existing user profiles (e.g., registration via
Facebook) are offered for registration, this obligation applies accordingly to the data stored in those user
- 3.2 You are responsible for protecting your registration and access data (e.g., user name,
password) and you should not disclose them or tolerate or enable unauthorized or third parties to find them out. You
are obliged to take the required measures to guarantee confidentiality and immediately report abuse or loss of such
information or suspicions thereof to AJNS by e-mail to firstname.lastname@example.org.
- 3.3 As part of the community functions you have the option to set up your own content in your
profile (e.g., personal information, profile picture) and the database of Kitchen Stories content (e.g., personal
recipes and videos). Please keep in mind that all registered users can view your profile and all of the content you
- 3.4 You are not allowed to add content that violates applicable laws or copyrights or personality
rights of third parties or the Kitchen Stories Netiquette Rules (if available), or that could significantly disrupt
the open and friendly environment in the community. In particular, you are not allowed to add any content that is
abusive, defamatory, obscene, sexist, pornographic, political or extremist religious, violent, harmful to minors or
otherwise illegal or unsuitable for an unrestricted circle of users. In addition, you may only add content that you
have either created yourself or received permission to use from the author or any other disclosed people. You may
not take content from other platforms or other sources without request and add it to the community under any
- 3.5 Due to the large scope of user-generated content AJNS is not able to check all content before
approving it, but it reserves the right to block, change, or delete content in reaction to complaints or upon
obtaining knowledge in another way, if such content violates the principles mentioned in Section 3.4 or is not
suitable for the subject of the community (cooking, food, recipes and kitchen equipment). AJNS reserves the right to
where the gravity of the breach justifies an immediate ban, taking into account both parties’ interests. This
weighing of interests must particularly take into account AJNS’ interest in providing an attractive offering for its
other users. For clarity: To the extent it is possible to send private messages through the platform, Kitchen
Stories accesses these messages only if at least one participant of such conversations has consented, for example by
using the reporting functionality for inappropriate content.
As a member of our KS Community, you commit yourself to the basic rules of mutual tolerance and politeness. In our
community we require the following netiquette:
- You should always treat other members politely and respectfully. Write only what you would personally say to
another person. Insults, harassment and personal attacks are not allowed in the KS community.
- Try to avoid ambiguous formulations. Since gestures and facial expressions are missing in written communication,
sarcasm and irony are difficult to understand. Make sure that your expression cannot be understood as an attack by
- Be tolerant and respect the opinions of other community members. Don't rule out other members and don't
make fun of other members, including their recipes and photos.
- Think before you write a comment and pay attention to spelling, grammar, and language.
- All forms of spam and inappropriate advertising are taboo in the KS Community.
Disparagements and insults of any kind will not be tolerated in our KS Community. It doesn't matter whether such
statements are directed against other members, moderators, third parties or other groups of people. The same also
applies to all contributions, which offend against valid law.
4. Rights and duties of the AJNS
- 4.1 AJNS provides the App for download through the App Stores.
- 4.2 AJNS provides the community functions for the App and the Services with the average
availability rate of 97% a year. The availability calculation does not include the planned maintenance times within
reasonable scope. AJNS will make an effort, within an economically viable scope, to inform about the planned
maintenance times in a suitable location on the community platform ahead of time and to perform such maintenance
work outside of the community peak times.
- 4.3 Clarification: AJNS can change the content available through the App and/or the Services at
its own discretion at any time. There is no entitlement to initial or continued access to specific content.
5. Rights granted to the user
- 5.1 AJNS grants the user a world-wide, non-exclusive (simple), non-transferable,
non-sublicensable right to use the App, the Services, and the content of the community including any documents and
user manuals found in the App for private purposes and save and display within the scope necessary for use in
accordance with regulations and contract, and share exclusively by using the App functions intended for this purpose
with other users in the community or through other supported social networks. This right is permanent for the App
and AJNS's own content and time-limited for the community for the period of the contract for the use of
community functions. The user may download and use the App exclusively on devices that are linked to the App Store
ID used for the installation. All rights that are not expressly granted, especially the right to process,
disseminate and/or otherwise exploit the App and the community content remain reserved.
- 5.2 The user may not decompile the App or otherwise reverse engineer it or try to find out the
source code. An exception to this are actions that are necessary to obtain interface information required to ensure
interoperability of the App with third-party software; this requires that the user has previously made unsuccessful
attempts to find out such information from AJNS in exchange for an appropriate compensation of expenditures.
Interface information obtained in this manner may only be used for establishing interoperability, and may not be
published, and may only be provided to third parties in the scope necessary for establishing such interoperability.
6. Rights granted to AJNS; exemption
- 6.1 The user grants to AJNS the gratuitous, worldwide, non-exclusive, transferable, sublicensable
right, limited to the duration of the contract, to save all community content added by users (including permitted
derivative works such as translations) for the purposes of the contract for the use of the App, the Services, and
the community functions, in particular including the display content with other users of the Community, and to
duplicate, make publicly accessible, translate into other languages, and edit technically to the necessary extent,
especially due to compatibility and optimization of the need for storage space and transfer capacities (in
particular to compress and slightly reduce, even if the effects are visible; but the content cannot be distorted),
and use in other ways as needed for the purposes of the contract. This also includes AJNS’ right to make such
content accessible to its third party cooperation partners through application programming interfaces to enable such
third parties to display such content in their own services and on their own devices, but in such a way that the
content is no longer visible in/on such third party services/devices once it has been deleted from Kitchen Stories.
Important: AJNS does not appropriate the user's content.
- 6.2 AJNS reserves the right to “feature” certain user generated content with the user’s consent.
Such consent may be obtained by e-mail or through a message within the App. Consent is voluntary. If the user
consents to “featuring” content, they grant AJNS a gratuitous, worldwide, non-exclusive, transferable,
sublicensable, perpetual, irrevocable right to store, copy, make publicly accessible, translate into other
languages, modify, connect with other works (e.g. combine a recipe with new photo or video material that may or may
not be similar to the originally submitted phot or video material). The foregoing includes in particular the right
to make such content accessible to third parties via application programming interfaces, and the right to post the
content in social media and other third party offerings and platforms, and to use it to advertise the offerings of
- 6.3 The grant of rights in Sec. 6.2 applies accordingly for any content submitted for
participation in a contest, except to the extent the contest terms for that specific contest expressly provide
- 6.4 You commit to exempt AJNS from all damages, claims, costs (including customary legal fees)
and expenditures that AJNS incurs as a result of in-court or out-of-court legal actions taken by third parties or
content added by you. This does not apply if you are not the one responsible for the breach.
- 7.1 The App is provided free of charge and other services (specifically the Services) are also
provided free of charge. AJNS does not assume any guarantees and is liable in accordance with the legal provisions
only for intent and gross negligence; AJNS is only liable for App defects if AJNS maliciously concealed the defect.
- 7.2 If parts of the App and/or specific services of AJNS are not free of charge through in-App
purchases, AJNS is liable exclusively in accordance with the special terms for in-App purchases.
- 7.3 The user must regularly back-up his/her data. If AJNS is liable for data loss in accordance
with this section, such liability is limited to the restoration costs, which would have been incurred in case of
regular and risk-adequate preparation of back-up copies.
- 7.4 AJNS is not liable for damages resulting from a change of the App by the user or a software
and hardware environment that differs from system requirements.
8. Duration and cancellation; consequences of cancellation
- 8.1 Clarification: The App itself is made available for permanent use; the corresponding right of
use cannot be canceled.
- 8.2 The contract for the use of the underlying community functions and the Services is concluded
for an undetermined period of time and may be canceled regularly by either party at any time with a notice period of
7 days, unless otherwise specified in this section 8.
- 8.3 In deviation from Section 8.2 the special conditions for any time-limited premium functions
acquired through in-App purchases may specify other periods for regular cancellation of the contract for the use of
the underlying community functions; unless special regulations are contained therein, the cancellation will become
valid only once the contract period of the time-limited premium function ends.
- 8.4 The legal right of both parties to an immediate extraordinary cancellation for an important
reason remains reserved. An important reason for AJNS, in particular, is when the user breaches one of its
obligations from Section 3 and, if the breach can be rectified, does not do so within 14 days after being prompted
by AJNS to do so. In particular in case of breaches against Section 3.4 a notice period is superfluous.
- 8.5 After the cancellation of the use of community functions goes into effect, AJNS will no
longer show the community content of the user and delete it after four weeks. Within this period, AJNS will provide
the content to the user for download or in another reasonable manner on request.
9. Final provisions
- 9.2 Language; contract text The contract is concluded in German and English. AJNS does not save
the contract text. The Terms and Conditions can be viewed at any time on our website at kitchenstories.com/terms
- 9.3 Place of jurisdiction The place of jurisdiction and performance is Berlin for (i) users who
are not consumers, (ii) users who have no residence in Germany upon contract conclusion or move to another country
after contract conclusion, and (iii) users whose regular place of residence is unknown at the moment when a lawsuit
is filed. Otherwise, the place of jurisdiction for consumers is based on the general rules.
- 9.4 Dispute Resolution Information The European Commission offers an Online Dispute Resolution
(ODR) Platform at http://ec.europa.eu/consumers/odr/. However, we are neither obliged nor willing to participate in
a dispute resolution procedure before a consumer mediation entity.
- 9.5 Salvatory clause If a provision of this contract is or becomes invalid, the validity of the
rest of this contract will not be affected. The parties agree, within reason and in good faith, to replace the
invalid provision by a permissible regulation that is equivalent in terms of economic outcome, as long as this does
not result in any substantial changes of the contractual content.
- 9.6 Changes to the Terms and Conditions AJNS may change and adapt these Terms during the validity
period of the contract for the use of community functions effective for the future, if this is necessitated by
changes in the legal and economic general conditions, especially changes in the law and court practices. AJNS will
send the amended Terms to the user at least six weeks before the planned entry into effect per e-mail and point out
especially the new provision. At the same time, AJNS will set a reasonable period of at least six weeks for the user
acceptance is made within this period, since the receipt of the information, the amended Terms will be considered
accepted. AJNS will inform the customers once the period begins in particular of the legal consequence, i.e., the
right to object, the deadline for objection, and the significance of remaining silent. This change mechanism does
not apply to changes of the parties' main contractual duties.
Version: June 2019