Terms

Simmer Technology – Terms of Service
Effective Date: May 16 2025

A note before you start cooking (or reading)

These Terms of Service ("Terms") form a binding contract between you and Simmer Technology Inc. ("Simmer Technology," "Simmer," "we," "us," or "our"). They govern your access to and use of the Simmer mobile applications, websites, APIs, software, documentation, and any related services (collectively, the "Services").

By tapping "Accept," creating an account, or otherwise using any part of the Services, you agree to be bound by these Terms, our Privacy Policy, and our Community Standards (together, the "Simmer Agreement"). If you do not agree, do not use the Services.

The original version of these Terms is written in English. Translations may be provided for convenience, but the English version controls in case of conflict.

1. Eligibility & Age Requirements

1.1 Minimum Age. You must be at least 18 years old (or the age of majority where you live, whichever is higher) to use the Services. We do not knowingly collect personal data from anyone younger.

1.2 Jurisdictional Compliance. You represent that your use of the Services is permitted under all laws, regulations, and rules that apply to you, including export controls and dietary‑specific regulations.

2. Your Simmer Account

2.1 Registration. An account is required for most features. You agree to provide truthful, accurate, and complete information and to keep it up to date.

2.2 Security. You are responsible for safeguarding your login credentials. Notify us immediately of any unauthorized use. We are not liable for losses caused by unauthorized access to your account.

2.3 Single‑User Policy. One person, one account. Account sharing is prohibited.

2.4 Account Deletion. You may delete your account any time in the Settings menu. Deleted accounts are generally unrecoverable.

3. Updates to the Services

We constantly improve Simmer. We may add, modify, suspend, discontinue, or restrict features at any time. Some updates install automatically. We are not liable for any change, suspension, or discontinuation of any part of the Services.

4. Changes to These Terms

We may revise these Terms to reflect legal, technical, or business changes. Material changes will be announced in‑app or via email at least 15 days in advance. By continuing to use the Services after the effective date of revised Terms, you accept the changes. If you disagree, delete your account and stop using the Services.

5. Intellectual Property

5.1 Simmer Content. All text, graphics, designs, recipes, nutritional data, software, and other materials provided by Simmer ("Simmer Content") are owned by Simmer Technology or its licensors and protected by intellectual‑property laws. All rights not expressly granted are reserved.

5.2 Your Content. Anything you input, upload, post, submit, or otherwise make available through the Services ("User Content") remains yours.
  a. License to Simmer. You grant Simmer Technology and its affiliates a perpetual, worldwide, royalty‑free, sublicensable license to use, host, store, reproduce, modify, publish, display, perform, distribute, and create derivative works from your User Content to operate, improve, and promote the Services.
  b. Responsibility. You must have all rights necessary to grant the above license and warrant that your User Content does not infringe anyone else’s rights or violate any law.

5.3 Feedback. Suggestions or ideas you provide may be used by us without any obligation to you.

5.4 Third‑Party Imported Content (Uploads & Social‑Media Imports).
When you import, capture, or sync content that originated elsewhere—such as photographing a cookbook page, scanning a product label, or pulling media from a social‑media feed—Simmer Technology does not obtain ownership of that underlying material. Your action grants Simmer only the limited rights necessary to store, process, and display the material within your account and, if you choose, to share it consistent with your privacy settings.

• The original author or rights‑holder retains all ownership and moral rights.

• Any license terms, usage restrictions, or attribution requirements that exist between that author and you continue to apply.

• You are solely responsible for ensuring you have all permissions needed to upload, import, or use third‑party content in connection with the Services and for honoring any obligations to the original author. Simmer Technology disclaims all liability arising from your use of such third‑party content.

6. Subscriptions, Billing & Trials

6.1 Premium Tiers. Simmer offers optional paid plans that unlock advanced meal planning, grocery integrations, and other perks ("Premium Services"). Plan details and prices are shown in‑app and may vary by region.

6.2 Payment Method. You authorize us and our payment processors to charge your chosen payment method for subscription fees and taxes. All fees are non‑refundable unless required by law or expressly stated otherwise.

6.3 Auto‑Renewal. Subscriptions renew automatically at the end of each billing cycle until cancelled. Manage or cancel your subscription in your device’s app store or via the Simmer web portal. Deleting the app does not cancel your subscription.

6.4 Free Trials. If you start a free trial, you will be charged at the end of the trial unless you cancel beforehand. You may only use one trial per subscription tier.

6.5 Price Changes. We may change subscription prices with at least 30 days’ prior notice. Continued use after the new price takes effect means you accept the change.

7. Health & Nutritional Disclaimer

7.1 No Medical Advice. Simmer is not a medical or dietetics service. Content is for informational purposes only and should not be considered medical, nutritional, or therapeutic advice. Always consult a qualified healthcare professional regarding any health or dietary concerns.

7.2 Allergies & Ingredients. Nutritional data may be incomplete or inaccurate. You are solely responsible for verifying ingredients and ensuring they are safe for you to consume.

7.3 Assumption of Risk. Cooking, exercise, and dietary changes involve inherent risks. You assume full responsibility for any consequences of using the Services.

8. Acceptable Use & Prohibited Conduct

You agree not to:

• Reverse engineer, decompile, or create derivative works from the Services.

• Harvest or scrape data from the Services using automated tools.

• Upload malware, viruses, or any harmful code.

• Engage in harassment, hate speech, or other abusive behavior on the platform.

• Use the Services for commercial purposes without an explicit written agreement with us.

• Violate any applicable law or regulation.

We may suspend or terminate accounts that violate these rules.

9. Third‑Party Services & Links

The Services may integrate with or link to third‑party sites, apps, devices, or content ("Third‑Party Services"). We do not control or endorse Third‑Party Services and are not responsible for their content, policies, or practices. Your use of Third‑Party Services is at your own risk and subject to their terms.

10. Copyright & Trademark Policy

If you believe content on Simmer infringes your intellectual‑property rights, please send a detailed notice to legal@simmer.tech or mail it to our address in Section 18. Include:

• Identification of the work claimed to be infringed;

• Identification of the material that is allegedly infringing and enough detail for us to locate it;

• Your contact information;

• A statement of good‑faith belief that use of the material is unauthorized;

• A statement under penalty of perjury that the information is accurate and you are authorized to act;

• Your physical or electronic signature.

We may remove content or disable accounts in response to valid notices.

11. No Warranties

THE SERVICES AND ALL SIMMER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, Simmer Technology disclaims all warranties—express, implied, statutory, or otherwise—including merchantability, fitness for a particular purpose, accuracy, and non‑infringement. We do not warrant that the Services will be uninterrupted, secure, or error‑free.

12. Limitation of Liability

To the maximum extent permitted by law, Simmer Technology will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses arising out of or related to your use of the Services. Our total liability for any claim under these Terms is limited to the greater of CAD $700 or the amount you paid us, if any, during the 12 months preceding the claim.

Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions, our liability is limited to the extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Simmer Technology, its affiliates, officers, directors, employees, and agents from any demands, losses, liabilities, claims, or expenses (including legal fees) arising out of or related to: (a) your User Content; (b) your use or misuse of the Services; (c) your violation of these Terms or any law; or (d) your infringement of any third‑party rights.

14. Governing Law

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws rules.

15. Dispute Resolution & Arbitration

15.1 Informal Resolution. Before filing a claim, you and Simmer agree to try to resolve any dispute informally for at least 60 days. Send notice of dispute to legal@simmer.tech.

15.2 Binding Arbitration. If we cannot resolve the dispute informally, any claim arising out of or relating to the Simmer Agreement will be finally settled by binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules. You waive your right to a jury trial and to participate in class actions.

15.3 Exception—Small Claims. Either party may bring an individual claim in small‑claims court in Montreal, Quebec, if the claim qualifies.

15.4 Opt‑Out. You may opt out of arbitration by sending a written opt‑out notice to legal@simmer.tech within 30 days of first accepting these Terms. If you opt out, Sections 15.1–15.3 will not apply.

16. International Use

We operate globally, but servers are primarily located in Canada and the United States. By using the Services, you consent to the transfer and processing of your information in these jurisdictions, which may have data‑protection laws that differ from those where you live.

If you access the Services from an embargoed country or are on a government sanctions list, you may not use Simmer.

17. Termination & Survival

We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms. Upon termination, Sections 5 (Intellectual Property) through 18 (Contact) survive.

18. Contact Information

Simmer Technology Inc.
9 rue Gershwin
Kirkland, Quebec, Canada H9H 4Z4

For questions, feedback, or legal notices:
Email: support@simmer.tech
Legal Email: legal@simmer.tech

19. Miscellaneous

• Entire Agreement. These Terms constitute the entire agreement between you and Simmer concerning the Services, superseding all prior agreements.

• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

• Severability. If a court finds any provision unenforceable, the remaining provisions remain in full force.

• Assignment. You may not assign these Terms without our prior written consent. We may assign them at any time.

• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Thank you for choosing Simmer. We look forward to spicing up your culinary journey!