TERMS OF SERVICE

Last updated: 21 February 2026 V.01

1. INTRODUCTION AND ACCEPTANCE

1.1. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Foodpairing NV, a limited liability company organized under the laws of Belgium, with registered office at Oktrooiplein 1, box 401, 9000 Ghent, registered with the Crossroads Bank for Enterprises under number 0818.030.890 (“Foodpairing”, “we”, “us”, “our”), governing your access to and use of the Inspire V3 platform, including all related services, features, content, and applications (collectively, the “Service”).

1.2. By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

1.3. Foodpairing reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service or by email. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must discontinue use of the Service before the effective date.

1.4. The most recent version of these Terms is available at: https://inspire.foodpairing.com/terms-of-service.

2. DEFINITIONS

In these Terms, the following definitions apply:

“Account” means the personal user account created by the User to access the Service.

“AI System” means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.

“Aggregated Insights” means any statistical analyses, trend data, benchmarks, popularity rankings, usage patterns, and other aggregated, anonymized information derived from the collective use of the Service by multiple Users, from which no individual User or User Input can be identified.

“Community Recipe Pool” means the optional shared repository of User-contributed recipes and content that Users may voluntarily submit for communal access by other Users and for use by Foodpairing, subject to the terms set forth in Section 6.8.

“Content” means all text, data, images, recipes, ingredient lists, flavor profiles, pairing suggestions, and other materials made available through the Service.

“Credits” means the digital units of value required to access certain features of the Service, including but not limited to the generation of AI-powered outputs. Credits are expressed and displayed as relative usage units (e.g., multipliers of a base usage amount) and do not represent a fixed monetary value.

“Derived Data” means all data, information, statistical patterns, correlations, model parameters, algorithmic improvements, and insights that are created, generated, or inferred by Foodpairing through the processing of User Input, Interaction Data, or other data in connection with the Service, including but not limited to trained model weights, feature vectors, embedding representations, ingredient compatibility scores, and flavor profile calculations. Derived Data is distinct from, and does not include, the raw User Input from which it may have been derived.

“Engagement Score” means any numerical score, segment classification, cohort label, propensity metric, or behavioral index calculated by Foodpairing based on Interaction Data, usage patterns, or other data generated through the User’s interaction with the Service.

“Flavor Profile” means any algorithmically or computationally generated analysis of flavor compounds, aroma characteristics, ingredient compatibility scores, pairing recommendations, or sensory attribute mappings produced by the Service using Foodpairing’s proprietary models, databases, and algorithms.

“Interaction Data” means all data generated through the User’s interaction with the Service that does not constitute User Input, including but not limited to search queries, click patterns, feature usage metrics, session duration, navigation paths, preference signals, filter selections, ingredient search history, and behavioral interaction patterns.

“Output” means all recipes, pairings, suggestions, flavor profiles, images, and other content generated by the Service through AI or algorithmic processing, whether in response to User Input or otherwise.

“Pairing Database” means Foodpairing’s proprietary database of ingredient combinations, flavor compound analyses, compatibility scores, sensory mappings, and related data, which has been compiled through substantial investment in research, data collection, scientific analysis, and computational processing.

“Payment Processor” means the third-party subscription billing and payment processing service provider(s) engaged by Foodpairing to facilitate billing, invoicing, and payment collection, currently Chargebee Inc. and its integrated payment gateway partners.

“Research Data” means anonymized and aggregated data derived from the usage of the Service by Users who have provided explicit opt-in consent for research use under Section 6.9, prepared for the purpose of academic research, scientific publications, or collaborative research partnerships.

“Subscription Plan” means the tier of access to the Service selected by the User, as described on the pricing page of the Service.

“User Input” means all data, information, images, recipes, ingredient lists, and other materials provided to or uploaded by the User in connection with the use of the Service, including but not limited to recipe scans and manual ingredient entries.

3. THE SERVICE

3.1. Description. The Service is an AI-powered recipe creation and food pairing platform that enables Users to explore ingredient combinations, generate recipe ideas, scan existing recipes, and receive AI-assisted suggestions. The Service utilizes artificial intelligence, machine learning, and proprietary data to generate Outputs.

3.2. Availability. Foodpairing will use commercially reasonable efforts to make the Service available, but does not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be subject to planned and unplanned downtime for maintenance, updates, or other reasons.

3.3. Updates and Changes. Foodpairing reserves the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice, in its sole discretion. Such changes may include adding or removing features, modifying AI models, or adjusting the functionality of the Service.

3.4. Minimum System Requirements. The User is solely responsible for obtaining and maintaining compatible hardware, software, and internet access necessary to use the Service. Foodpairing does not guarantee compatibility with all devices or operating systems.

4. ACCOUNT REGISTRATION AND SECURITY

4.1. Registration. To access certain features of the Service, you must create an Account by providing accurate, current, and complete registration information. You agree to update your registration information to keep it accurate, current, and complete.

4.2. Eligibility. The Service is intended for users who are at least 16 years of age. By creating an Account, you represent and warrant that you are at least 16 years old. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4.3. Account Security. You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to immediately notify Foodpairing of any unauthorized use of your Account or any other breach of security. Foodpairing will not be liable for any loss or damage arising from your failure to comply with this obligation.

4.4. One Account Per User. Each Account is personal and non-transferable. You may not authorize others to use your Account. Foodpairing reserves the right to terminate Accounts suspected of being shared.

5. SUBSCRIPTION PLANS, CREDITS, AND FEES

5.1. Subscription Plans. The Service offers various Subscription Plans, including a free tier and paid tiers with enhanced features. The features, usage allowances, and pricing applicable to each Subscription Plan are as described on the Service’s pricing page at the time of purchase. Foodpairing reserves the right to modify Subscription Plans, including pricing, features, and credit allocations, at any time upon reasonable prior notice.

5.2. Credits. Certain features of the Service, including AI-generated Outputs, require the expenditure of Credits. Credits are allocated as part of the User’s Subscription Plan and/or may be purchased separately as additional credit packages (“Top-Up Credits”). The pricing and relative usage value of Top-Up Credit packages are as displayed on the Service at the time of purchase. The following terms apply to all Credits:

(a) Credits are non-refundable, non-transferable, and may not be exchanged for cash or any other form of value.

(b) Credits included in a Subscription Plan expire at the end of the applicable subscription period and do not carry over to the next period unless explicitly stated otherwise on the pricing page.

(c) Top-Up Credits expire twelve (12) months from the date of purchase, unless a different expiration period is specified at the time of purchase.

(d) In the event of Account termination for any reason, all unused Credits (whether included in a Subscription Plan or purchased as Top-Up Credits) are forfeited without compensation.

(e) Credits represent a license to access specific Service features and do not constitute a stored-value product, electronic money, or any form of currency.

5.3. Fees and Payment. All fees for Subscription Plans and Top-Up Credits are displayed in the currency applicable to the User’s location or as otherwise indicated on the Service at the time of purchase. Fees are inclusive of applicable taxes unless otherwise stated. Payment is processed through the Payment Processor and is due at the time of purchase. By providing payment information, you authorize Foodpairing and its Payment Processor to charge the applicable fees to your designated payment method. All amounts paid are non-refundable except as expressly provided in these Terms or as required by applicable law.

5.4. Payment Processor. Billing, invoicing, subscription management, and payment processing for the Service are handled by the Payment Processor. By using the Service, you agree that: (a) your payment information will be collected, stored, and processed by the Payment Processor in accordance with its terms and privacy policy; (b) Foodpairing is not responsible for errors, failures, or delays caused by the Payment Processor; and (c) disputes regarding payment processing should first be directed to Foodpairing at the contact details provided in Section 19.5, and Foodpairing will coordinate resolution with the Payment Processor as appropriate.

5.5. Automatic Renewal. Paid Subscription Plans automatically renew for successive periods of the same duration as the initial subscription period, unless the User cancels the renewal prior to the end of the current subscription period through the Account settings on the Service. The User will receive a reminder notification prior to each renewal. Upon renewal, the then-current pricing shall apply. Cancellation of auto-renewal does not entitle the User to a refund for the current subscription period; the Service will remain accessible until the end of that period.

5.6. Price Changes. Foodpairing may change its prices at any time. For existing paid Subscription Plans, price changes take effect at the start of the next renewal period. Foodpairing will provide notice of price changes at least thirty (30) days prior to the renewal date. If you do not agree with a price change, you may cancel your Subscription Plan before the renewal date.

5.7. Subscription Management. You may manage your Subscription Plan, including upgrading, downgrading, or canceling, through the Account settings in the Service or through the subscription management portal provided by the Payment Processor. Upgrades take effect immediately; downgrades take effect at the start of the next subscription period.

5.8. Failed Payments and Dunning. If a payment fails, the Payment Processor will attempt to collect the outstanding amount in accordance with its dunning procedures. If payment cannot be collected after reasonable attempts, Foodpairing reserves the right to suspend or downgrade your Account to the free tier until the outstanding amount is resolved.

5.9. Consumer Right of Withdrawal. If you are a consumer within the European Economic Area, you have the right to withdraw from a purchase within fourteen (14) days of the transaction without giving any reason. However, you expressly acknowledge and agree that by requesting immediate access to the Service or Credits upon purchase, you waive your right of withdrawal once the Service has been fully performed or the Credits have been used, in accordance with Article VI.53, 1° and 13° of the Belgian Code of Economic Law or equivalent provisions in your jurisdiction.

6. USER INPUT

6.1. Ownership. You retain all ownership rights in and to your User Input. Nothing in these Terms transfers ownership of your User Input to Foodpairing.

6.2. License to Foodpairing. By submitting User Input to the Service, you grant Foodpairing a limited, non-exclusive, worldwide, royalty-free, revocable license to use, process, store, display, and reproduce the User Input solely as necessary to provide and improve the Service. This license terminates upon deletion of the User Input from the Service or termination of your Account, except to the extent Foodpairing is required to retain copies for legal or compliance purposes.

6.3. AI Training Restrictions. Foodpairing will not use User Input for the purpose of training, developing, or improving AI Systems, machine learning models, or algorithms, whether owned by Foodpairing, its affiliates, or third parties, unless: (a) the User Input has been irreversibly anonymized and aggregated such that it cannot be attributed to any individual User; or (b) the User has provided explicit, informed, prior opt-in consent for such use.

6.4. User Responsibility. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Input. You represent and warrant that: (a) you have all necessary rights, licenses, and permissions to submit the User Input; (b) the User Input does not infringe the intellectual property or other rights of any third party; (c) the User Input does not contain harmful code, malware, or unauthorized data collection mechanisms; and (d) the User Input complies with all applicable laws and regulations.

6.5. Recipe Scan Feature. The Service may allow Users to upload images of existing recipes (“Recipe Scan”). Foodpairing processes such images solely to extract and digitize recipe information for use within the Service. You represent and warrant that you have the right to upload and process any recipes submitted through this feature and that doing so does not infringe any third-party intellectual property rights.

6.6. Recipe Scan Data Retention. Foodpairing may retain anonymized structural data extracted from Recipe Scans, including ingredient lists, preparation techniques, and compositional ratios, for the purpose of enriching the Pairing Database and improving the Service. Such retained data shall be irreversibly stripped of any personally identifiable information and any content that could identify the source recipe or User prior to retention.

6.7. Community Recipe Pool Opt-in. The Service may offer a Community Recipe Pool feature that allows Users to voluntarily contribute recipes and related content for shared access by other Users. Participation in the Community Recipe Pool is entirely optional and requires explicit opt-in by the User for each individual contribution. By contributing content to the Community Recipe Pool, the User grants Foodpairing a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, display, distribute, and create derivative works from such contributed content for any purpose, including but not limited to: (a) making the content available to other Users of the Service; (b) curating, featuring, and promoting contributed recipes; (c) improving the Service and training AI Systems; and (d) creating Aggregated Insights and Derived Data. The User retains ownership of the original User Input but acknowledges that contributions to the Community Recipe Pool cannot be revoked once other Users have accessed or relied upon them.

6.8. Research Partnership Opt-in. Foodpairing may offer Users the opportunity to opt in to having their anonymized and aggregated data included in Research Data prepared for academic research, scientific publications, or collaborative research partnerships with universities, research institutions, or other third parties. Participation in research partnerships is entirely voluntary and requires separate, explicit opt-in consent that is distinct from and additional to the general Terms. Users who opt in may receive benefits as described at the time of opt-in, such as additional Credits, access to premium features, or acknowledgment in published research. The User may withdraw consent at any time; however, withdrawal shall not affect the lawfulness of processing carried out prior to withdrawal, nor shall it affect Research Data that has already been anonymized and incorporated into published research or datasets shared with research partners prior to withdrawal. Foodpairing shall ensure that all Research Data is irreversibly anonymized and aggregated in accordance with applicable data protection legislation before sharing with any research partner.

7. OUTPUT AND AI-GENERATED CONTENT

7.1. License to Output. Subject to these Terms, Foodpairing grants you a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and create derivative works from Outputs generated through the Service for your personal or internal business purposes.

7.2. No Exclusivity. Due to the nature of AI and the Service, Outputs are not guaranteed to be unique. Other Users of the Service may receive similar or identical Outputs. No exclusive rights to any Output are granted to any User.

7.3. Intellectual Property in Output. Foodpairing retains all intellectual property rights in the Service and the underlying algorithms, models, and methodologies used to generate Outputs. The User acknowledges that AI-generated content may not qualify for copyright protection under applicable law. To the extent any intellectual property rights arise in the Output, such rights are licensed to the User under Section 7.1.

7.4. Output Accuracy Disclaimer. Outputs are generated by AI Systems and are provided for informational and inspirational purposes only. Outputs may contain inaccuracies, errors, biases, or hallucinations (where the AI System generates false or misleading information presented as fact). Foodpairing makes no representations or warranties regarding the accuracy, completeness, reliability, safety, or suitability of any Output. You are solely responsible for evaluating and verifying all Outputs before use.

7.5. Food Safety and Allergen Disclaimer. THE SERVICE DOES NOT PROVIDE MEDICAL, DIETARY, NUTRITIONAL, OR FOOD SAFETY ADVICE. OUTPUTS MAY CONTAIN INGREDIENT COMBINATIONS THAT ARE UNSUITABLE FOR CERTAIN INDIVIDUALS DUE TO ALLERGIES, INTOLERANCES, DIETARY RESTRICTIONS, OR OTHER HEALTH CONDITIONS. THE USER IS SOLELY RESPONSIBLE FOR VERIFYING THE SAFETY AND SUITABILITY OF ANY RECIPE OR INGREDIENT COMBINATION BEFORE PREPARATION OR CONSUMPTION.

7.6. Regulatory Compliance. Outputs are generated without consideration of international regulatory requirements, local product compliance standards, labeling requirements, allergen declarations, nutritional or health claims, or other regulatory standards. The User is solely responsible for ensuring compliance with applicable laws, regulations, and industry standards in any jurisdiction where Outputs are used or implemented.

7.7. Prohibited Uses of Output. You may not: (a) use Outputs to train, develop, or improve any AI Systems, algorithms, or machine learning models; (b) resell or redistribute Outputs as a standalone product or service; (c) use Outputs in any way that competes with the Service; or (d) remove any attribution or proprietary notices from Outputs.

7.8. Non-Compete Restriction on Output Use. Without limiting Section 7.7, the User shall not use Outputs, alone or in combination with other data or materials, to create, develop, operate, improve, market, or contribute to any product, service, platform, or application that directly or indirectly competes with the Service or with any other product or service offered by Foodpairing, including but not limited to recipe generation, ingredient pairing, flavor profiling, or AI-assisted food innovation tools. This restriction applies regardless of whether the Outputs are used in their original form, modified, or combined with other content.

7.9. Co-Created Content License. Where Outputs are generated in response to User Input such that the resulting content reflects a combination of the User’s creative direction and Foodpairing’s AI-generated pairing logic, flavor analysis, or recipe structure (hereinafter “Co-Created Content”), the following terms apply: (a) the User is granted a license to use the Co-Created Content under Section 7.1; (b) Foodpairing retains all rights in the underlying pairing logic, flavor data, algorithmic methodology, and Derived Data embodied in the Co-Created Content; (c) the User may not claim exclusive authorship or copyright over elements of Co-Created Content that are attributable to Foodpairing’s AI Systems, models, or the Pairing Database; and (d) Foodpairing may use anonymized elements of Co-Created Content to improve the Service and generate Aggregated Insights.

7.10. Attribution Requirement. When the User publishes, distributes, or makes commercially available any Output or Co-Created Content generated through the Service, the User shall include a clearly visible attribution stating “Created with Inspire by Foodpairing” or such other attribution format as Foodpairing may specify from time to time. This attribution requirement applies to all commercial publications, including but not limited to: restaurant menus, food product labels, cookbooks, blog posts, social media content used for commercial purposes, and food industry reports. For the avoidance of doubt, attribution is not required for personal, non-commercial use of Outputs. Foodpairing may, at its sole discretion, waive this attribution requirement for specific Users or Subscription Plans.

7.11. Output Fingerprinting and Provenance. Foodpairing reserves the right to embed metadata, digital watermarks, steganographic markers, or other provenance-tracking mechanisms in Outputs, Flavor Profiles, and other content generated by the Service (collectively, “Fingerprints”). The User shall not remove, alter, obscure, or interfere with any Fingerprints. Fingerprints may be used by Foodpairing for the purposes of: (a) verifying the origin and authenticity of Outputs; (b) detecting and enforcing violations of these Terms, including unauthorized redistribution or extraction; (c) providing provenance tracking for regulatory or compliance purposes; and (d) resolving disputes regarding the origin of content. The User acknowledges that Fingerprints may be invisible or embedded in the structure of Outputs and that their presence does not affect the User’s licensed use of Outputs under Section 7.1.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Foodpairing’s Intellectual Property. All right, title, and interest in and to the Service, including but not limited to the platform, software, algorithms, AI models, databases, documentation, user interface, design, trademarks, logos, and all Content made available through the Service (excluding User Input), are and shall remain the exclusive property of Foodpairing and/or its licensors. Nothing in these Terms grants the User any right, title, or interest in the foregoing, except for the limited license rights expressly set forth herein.

8.2. Derived Data Ownership. All Derived Data is and shall remain the exclusive property of Foodpairing. The User acknowledges that Derived Data is created through Foodpairing’s proprietary processing, algorithms, and substantial investment, and constitutes valuable intellectual property of Foodpairing regardless of whether User Input was among the inputs used to generate such Derived Data. Nothing in these Terms grants the User any right, title, or interest in Derived Data. Foodpairing may use Derived Data for any lawful purpose, including but not limited to improving the Service, developing new products or features, conducting research, and generating Aggregated Insights, without any obligation or compensation to the User.

8.3. Pairing Database Protection. The Pairing Database constitutes a database protected under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the “EU Database Directive”) and applicable national implementing legislation. Foodpairing is the maker of the Pairing Database within the meaning of the EU Database Directive and holds the sui generis database right therein. The User shall not extract and/or re-utilize all or a substantial part of the contents of the Pairing Database, nor repeatedly and systematically extract and/or re-utilize insubstantial parts of the contents of the Pairing Database in a manner that conflicts with the normal exploitation of the database or unreasonably prejudices the legitimate interests of Foodpairing.

8.4. Aggregated Insights Ownership. All Aggregated Insights are and shall remain the exclusive property of Foodpairing. Foodpairing may freely use, publish, license, sell, or otherwise exploit Aggregated Insights for any purpose, including but not limited to product improvement, marketing, research publications, industry reports, and commercial data products. The User acknowledges that Aggregated Insights do not contain any personally identifiable information and do not constitute User Input.

8.5. Flavor Profile Ownership. All Flavor Profiles generated by the Service are the exclusive intellectual property of Foodpairing, regardless of whether they were generated in response to User Input. Flavor Profiles are computational outputs of Foodpairing’s proprietary models, algorithms, and the Pairing Database. The User is granted a limited, non-exclusive license to use Flavor Profiles solely within the Service and in connection with Outputs licensed under Section 7.1. The User may not extract, reproduce, or redistribute Flavor Profiles independently from the Service.

8.6. Trade Secrets and Confidential Technology. All model weights, training parameters, hyperparameters, neural network architectures, algorithmic configurations, feature engineering methodologies, data processing pipelines, and other technical components of the Service’s AI Systems constitute trade secrets and Confidential Information of Foodpairing within the meaning of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) and applicable national implementing legislation. The User shall not attempt to discover, derive, reverse engineer, or otherwise ascertain these trade secrets through any means, including but not limited to analysis of Outputs, systematic querying of the Service, or monitoring of the Service’s behavior.

8.7. Anti-Extraction and Model Protection. The User shall not, and shall not permit any third party to: (a) systematically query, probe, or access the Service for the purpose of extracting, replicating, approximating, or reverse-engineering the behavior, outputs, parameters, or logic of Foodpairing’s AI Systems, algorithms, or models; (b) use any automated means, including but not limited to scripts, bots, or crawlers, to collect Outputs or other data from the Service for the purpose of building, training, or improving any AI System, model, or competing product; (c) benchmark the Service against competing products in a manner that involves systematic data collection; or (d) aggregate Outputs or Flavor Profiles to reconstruct or approximate the Pairing Database or any part thereof. Any violation of this Section shall constitute a material breach of these Terms and may give rise to claims for injunctive relief and damages.

8.8. Restrictions. The User shall not: (a) copy, modify, translate, or create derivative works based on the Service; (b) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, algorithms, or data structures of the Service; (c) frame, mirror, or scrape any part of the Service; (d) access the Service for the purpose of building a competitive product or service; or (e) use the Service to train, develop, or improve any AI Systems not expressly authorized under these Terms.

8.9. Trademarks. The Foodpairing name, Inspire V3 name, and all related logos, product names, service marks, and trade names are trademarks of Foodpairing and may not be used without Foodpairing’s prior written consent.

8.10. Feedback. If you provide Foodpairing with any feedback, suggestions, or recommendations regarding the Service (“Feedback”), you grant Foodpairing a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without any obligation to you.

8.11. White-Label Prohibition. The User shall not, and shall not permit any third party to, repackage, rebrand, white-label, or otherwise present any part of the Service, its Outputs, Flavor Profiles, pairing data, or Content as the User’s own product or service, or as a product or service of any third party. This prohibition includes, without limitation: (a) integrating Outputs into a third-party product or platform in a manner that obscures the origin of the content; (b) removing or replacing Foodpairing branding, attribution, or Fingerprints; (c) offering Outputs or Flavor Profiles as part of a consulting, advisory, or data service without clear attribution to Foodpairing; and (d) creating an intermediary service that provides access to the Service’s functionality under a different brand. Any violation of this Section shall constitute a material breach of these Terms.

9. INTERACTION DATA

9.1. Collection and Ownership. Foodpairing collects Interaction Data as part of the normal operation of the Service. All Interaction Data is and shall remain the exclusive property of Foodpairing. The User acknowledges that Interaction Data is generated through the User’s use of the Service and is distinct from User Input.

9.2. License and Use. By using the Service, the User grants Foodpairing a perpetual, irrevocable, worldwide, royalty-free license to use, process, analyze, aggregate, and exploit Interaction Data for any lawful purpose, including but not limited to: (a) improving and personalizing the Service; (b) training, developing, and improving AI Systems and machine learning models; (c) generating Aggregated Insights and Derived Data; (d) conducting research and development; (e) producing anonymized analytics, benchmarks, and industry reports; and (f) enhancing search functionality, autocomplete features, and recommendation algorithms.

9.3. Anonymization. Interaction Data used for purposes beyond providing the Service to the individual User shall be anonymized in accordance with applicable data protection legislation, including the GDPR, prior to such use. Foodpairing shall implement appropriate technical measures to prevent re-identification.

9.4. Experimental and A/B Test Data. All data generated through experiments, A/B tests, multivariate tests, or other controlled experiments conducted within the Service, including but not limited to variant assignments, behavioral responses, conversion metrics, feature engagement rates, and statistical test results (collectively, “Experimental Data”), is and shall remain the exclusive property of Foodpairing. The User acknowledges that participation in experiments is a standard aspect of using the Service and that Experimental Data constitutes valuable proprietary information of Foodpairing.

9.5. Engagement Scores. All Engagement Scores calculated by Foodpairing are and shall remain the exclusive intellectual property of Foodpairing. Engagement Scores are Derived Data generated through Foodpairing’s proprietary algorithms and analytical methodologies. The User has no right to access, export, or receive disclosure of Engagement Scores, and Foodpairing may use Engagement Scores for any lawful purpose, including but not limited to personalizing the Service, optimizing features, conducting research, generating Aggregated Insights, and informing business decisions.

10. DATA PROTECTION AND PRIVACY

10.1. Privacy Policy. The collection, processing, and protection of personal data in connection with the Service is governed by our Privacy Policy, available at https://inspire.foodpairing.com/privacy. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

10.2. Data Controller. Foodpairing acts as the data controller for personal data collected in connection with the registration and use of the Service by individual Users, in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable national data protection legislation.

10.3. Analytics and Tracking. By creating an Account and using the Service, you consent to the collection and processing of usage data and analytics for the purpose of improving the Service, subject to our Privacy Policy and applicable cookie consent mechanisms.

10.4. Data Security. Foodpairing implements industry-standard technical and organizational measures to protect User data against unauthorized access, alteration, disclosure, or destruction, as further described in the Foodpairing Data Security & Compliance Policy.

10.5. Compatible Processing Purposes. In addition to the primary purpose of providing the Service to the User, the User acknowledges and agrees that the following purposes are compatible with the initial collection of personal data and Interaction Data, within the meaning of Article 6(4) of the GDPR: (a) product development and improvement of the Service, including the development of new features, functionalities, and AI capabilities; (b) service optimization, including performance monitoring, bug detection, infrastructure planning, and user experience improvement; (c) research and statistical analysis using anonymized or pseudonymized data; and (d) security and fraud prevention, including identifying and addressing threats to the Service. Foodpairing has conducted a compatibility assessment in accordance with Article 6(4) GDPR and has documented the basis for these compatible purposes in its Data Protection Impact Assessment. The User may exercise their right to object to processing based on compatible purposes in accordance with Article 21 GDPR by contacting Foodpairing at the address provided in Section 19.5.

11. ACCEPTABLE USE

11.1. General. You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service.

11.2. Prohibited Conduct. Without limiting the foregoing, you agree not to: (a) upload or transmit any material that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable; (b) impersonate any person or entity or misrepresent your affiliation with any person or entity; (c) attempt to gain unauthorized access to the Service, other Accounts, or any related systems or networks; (d) use any automated means (including bots, scrapers, or crawlers) to access, monitor, or copy any part of the Service without Foodpairing’s prior written consent; (e) use the Service for any purpose that is fraudulent, misleading, or deceptive; (f) upload content that infringes any third-party intellectual property rights; or (g) use the Service to generate content that is illegal, harmful, or violates the rights of others.

11.3. Enforcement. Foodpairing reserves the right, but is not obligated, to monitor the use of the Service and to remove any content or suspend or terminate any Account that violates these Terms, without prior notice and at Foodpairing’s sole discretion.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS.

12.2. Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOODPAIRING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS.

12.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOODPAIRING’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FOODPAIRING DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) EUR 50.00 (FIFTY EUROS).

12.4. Consumer Rights. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under the laws of your jurisdiction.

12.5. Output Use at Own Risk. THE USER ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR ANY USE OF OUTPUTS, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM INFRINGEMENT OF THIRD-PARTY RIGHTS, FOOD SAFETY INCIDENTS, REGULATORY NON-COMPLIANCE, OR RELIANCE ON INACCURATE AI-GENERATED CONTENT.

13. INDEMNIFICATION

13.1. By User. You agree to indemnify, defend, and hold harmless Foodpairing, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your User Input; (c) your breach of these Terms; (d) your violation of any applicable law or regulation; or (e) your use of Outputs in a manner that infringes the rights of third parties or causes harm.

13.2. By Foodpairing. Foodpairing will defend, indemnify, and hold harmless the User from and against any valid and substantiated third-party claim that the Service itself (excluding User Input and Output) infringes the intellectual property rights of a third party, subject to the conditions set forth in Section 13.3.

13.3. Indemnification Conditions. Each party’s indemnification obligations are conditional upon: (a) the indemnified party providing prompt written notice of the claim; (b) the indemnifying party being granted sole control over the defense and settlement of the claim; and (c) the indemnified party providing reasonable cooperation at the indemnifying party’s expense.

14. TERM AND TERMINATION

14.1. Term. These Terms are effective as of the date you first access or use the Service and continue until terminated in accordance with this Section.

14.2. Termination by User. You may terminate your Account at any time through the Account settings in the Service. Termination of a paid Subscription Plan takes effect at the end of the then-current subscription period, and no refund will be provided for the remaining period.

14.3. Termination by Foodpairing. Foodpairing may suspend or terminate your Account or access to the Service at any time, with or without cause, including but not limited to: (a) breach of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) non-payment of fees; or (d) discontinuation of the Service.

14.4. Consequences of Termination. Upon termination: (a) all rights and licenses granted to you under these Terms immediately cease; (b) you must cease all use of the Service; (c) all unused Credits are forfeited; (d) Foodpairing may delete your Account and User Input after a reasonable retention period of thirty (30) days following termination, unless longer retention is required by law. During this retention period, you may request export of your User Input.

14.5. Data Portability on Termination. Upon termination, the User may request export of User Input only. For the avoidance of doubt, Derived Data, Aggregated Insights, Flavor Profiles, Interaction Data, Engagement Scores, Experimental Data, and any data forming part of the Pairing Database are not subject to data portability requests and shall not be provided to the User upon termination.

14.6. Survival. The following Sections shall survive any termination or expiration of these Terms: 6.1 (User Input Ownership), 6.7 (Community Recipe Pool license), 7.3 (IP in Output), 7.8 (Non-Compete), 7.10 (Attribution), 8 (Intellectual Property), 9 (Interaction Data), 12 (Disclaimers and Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and 16 (Confidentiality).

14.7. Retention of Anonymized and Aggregated Data Beyond Termination. Notwithstanding the deletion of User Input and Account data under Section 14.4, Foodpairing shall retain indefinitely all: (a) Derived Data; (b) Aggregated Insights; (c) Interaction Data that has been anonymized prior to termination; (d) Engagement Scores; (e) Experimental Data; (f) data contributed to the Community Recipe Pool; (g) Research Data; and (h) any other data that has been irreversibly anonymized and aggregated such that it cannot be attributed to the User. This retention is necessary for the ongoing improvement of the Service, continuity of research partnerships, and preservation of the Pairing Database, and constitutes a legitimate interest of Foodpairing within the meaning of Article 6(1)(f) GDPR. The User acknowledges that deletion of their Account does not affect Foodpairing’s rights in and to such data.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

15.2. Jurisdiction. The courts of Ghent, Belgium shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to Section 15.3.

15.3. Consumer Dispute Resolution (EEA Residents). If you are a consumer residing in the European Economic Area, you may also bring proceedings in the courts of your country of residence. You may also submit a dispute to the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Nothing in these Terms affects your rights as a consumer under the mandatory provisions of the law of your country of residence.

15.4. Dispute Resolution (US Residents). If you are a resident of the United States, any dispute arising out of or relating to these Terms that cannot be resolved through good faith negotiation within thirty (30) days shall be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, to be conducted in English. The arbitration shall take place remotely or at a JAMS office in California, as mutually agreed. The arbitrator’s decision shall be final and binding. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

16. CONFIDENTIALITY

16.1. Obligation. Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that, given the nature of the information or circumstances of disclosure, should reasonably be understood to be confidential (“Confidential Information”). For the avoidance of doubt, Foodpairing’s Confidential Information includes, without limitation, the trade secrets and confidential technology described in Section 8.6, the Pairing Database, all Derived Data, Engagement Scores, and the technical architecture of the Service.

16.2. Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was independently developed by the receiving party without reference to the disclosing party’s Confidential Information; (c) was rightfully obtained from a third party without obligation of confidentiality; or (d) was already known to the receiving party prior to disclosure.

16.3. Permitted Disclosure. A party may disclose Confidential Information if required by law, regulation, or court order, provided that the disclosing party is given prompt notice (to the extent permitted by law) and reasonable assistance to seek a protective order.

17. THIRD-PARTY SERVICES

17.1. The Service may integrate with, link to, or interoperate with third-party services, platforms, or content (“Third-Party Services”), including the Payment Processor. Foodpairing is not responsible for the availability, accuracy, content, or practices of Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of such third parties. Foodpairing disclaims all liability arising from or related to Third-Party Services.

18. DATA RIGHTS SUMMARY

18.1. For the avoidance of doubt and as a summary of the data ownership and rights provisions contained throughout these Terms, the following table sets forth the ownership and usage rights for each category of data:

(a) User Input: Owned by the User. Licensed to Foodpairing under Section 6.2.

(b) Community Recipe Pool Contributions: Owned by the User; perpetual license to FP under Section 6.7.

(d) Interaction Data: Owned by Foodpairing. Licensed perpetually under Section 9.2.

(e) Experimental Data: Owned by Foodpairing exclusively under Section 9.4.

(f) Engagement Scores: Owned by Foodpairing exclusively under Section 9.5.

(g) Derived Data: Owned by Foodpairing exclusively under Section 8.2.

(h) Aggregated Insights: Owned by Foodpairing exclusively under Section 8.4.

(i) Flavor Profiles: Owned by Foodpairing exclusively under Section 8.5.

(j) Pairing Database: Owned by Foodpairing; protected under the EU Database Directive under Section 8.3.

(k) Co-Created Content: User licensed under Section 7.9; underlying pairing logic retained by FP.

(l) Outputs: Foodpairing retains underlying IP; User licensed under Section 7.1, subject to restrictions in Sections 7.7, 7.8, 7.10, and 7.11.

(m) Model Weights and AI System Parameters: Foodpairing trade secrets under Section 8.6.

19. MISCELLANEOUS

19.1. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

19.2. No Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.3. Assignment. You may not assign or transfer your rights or obligations under these Terms without Foodpairing’s prior written consent. Foodpairing may assign these Terms to a parent company, subsidiary, or acquirer of all or substantially all of its assets.

19.4. Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Subscription Plan terms, constitute the entire agreement between you and Foodpairing with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

19.5. Contact. For any questions regarding these Terms, please contact: Foodpairing NV, Oktrooiplein 1, box 401, 9000 Ghent, Belgium. Email: legal@foodpairing.com.

19.6. Language. These Terms are drafted in English. In the event of any discrepancy between translated versions and the English version, the English version shall prevail.

19.7. Force Majeure. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, epidemics, pandemics, cyberattacks, government actions, labor disputes, or failures of third-party services.

19.8. Notices. Foodpairing may provide notices to you via email to the address associated with your Account, or by posting notices on the Service. Such notices shall be deemed received upon email transmission or upon posting on the Service.

19.9. Regulatory Adaptation. In the event that new laws, regulations, regulatory guidance, or binding judicial or administrative decisions come into effect after the date of these Terms that materially restrict or prohibit Foodpairing’s ability to collect, process, use, or retain data as contemplated by these Terms, or that impose new obligations on the provision of AI-generated content, Foodpairing may, upon reasonable notice to the User: (a) modify, limit, or discontinue any features or functionalities of the Service that are affected by such regulatory changes; (b) adjust the scope of data collection, processing, or retention to comply with such requirements; (c) modify the terms of any licenses granted hereunder to the extent necessary for compliance; and (d) implement additional consent mechanisms, transparency measures, or user controls as required. Such modifications shall not constitute a breach of these Terms, and Foodpairing shall not be liable for any loss of functionality, reduction in Service quality, or other adverse effects resulting from compliance with applicable legal requirements. Foodpairing will use commercially reasonable efforts to minimize the impact of such modifications on the User experience.