Terms of Service

1. Introduction and acceptance

1.1. These Terms of Service (the "Terms") govern the use of the Kitchen.co website and platform (the "Service"), provided by 2 Create Ltd, UIC 200659554, with its registered office at 8 Neptun Street, Varna 9000, Bulgaria (the "Company", "we", "us").

1.2. By creating an account (completing the sign-up form, which states that by continuing you agree to these Terms and the Data Processing Agreement) and/or by using the Service, you conclude a binding agreement with the Company on these Terms. The person accepting the Terms confirms that they have authority to bind the customer on whose behalf the account is created (the "Customer", "you"). The Company and the Customer are together referred to as the "Parties".

1.3. The following documents form an integral part of these Terms: the Privacy Policy, the Cookie Policy and the Data Processing Agreement (the "DPA"). In the DPA, these Terms are referred to as the "Main Agreement". In the event of conflict on data protection matters, the DPA prevails.

1.4. These Terms replace all previous versions of the Kitchen.co Terms of Service.

2. Business use

2.1. The Service is intended for business and professional use. By accepting these Terms you confirm that you use the Service in the course of your trade, business, craft or profession and not as a consumer.

2.2. You must be of the age of majority in the jurisdiction in which you reside and have the legal capacity to conclude this agreement.

2.3. You confirm that neither you nor any person acting on your behalf is subject to sanctions or export control restrictions under the laws of the European Union, the United Nations, the United Kingdom or the United States. We may refuse, suspend or terminate the Service, without liability, where its provision to you would breach applicable sanctions or export control laws.

3. Account terms

3.1. To use the Service you must provide your legal full name (or company name), a valid e-mail address and any other information requested during signup. You warrant that all information provided upon registration and in the account settings is true, accurate, current and complete, and you keep it up to date. For paid plans you also provide the name of the business on whose behalf the account is used and, where applicable, its company registration or VAT number.

3.2. You are responsible for maintaining the security of your account credentials and for all activity under your account. Notify us without delay at [email protected] if you become aware of unauthorised use of your account. We are not liable for loss or damage resulting from your failure to protect your credentials.

3.3. A login is personal: a single login may not be shared by multiple people. You may create separate logins for as many users as your plan allows.

3.4. Workspaces, roles and permissions — including invitations of team members and end-clients — are configured and managed by you. You are responsible for the access you grant.

3.5. Team members and end-clients whom you invite to the Service ("Invited Users") use the Service under your account and on your responsibility. You ensure that Invited Users comply with these Terms and you are liable for their acts and omissions as for your own. Invited Users are not parties to these Terms and have no claims against the Company under them; the obligations of the Company under these Terms are owed to you only.

4. Plans, fees and payment

Subscription plans

4.1. Subscription plans are billed in advance on a recurring basis (monthly or annually, per the selected plan) and renew automatically at the end of each billing period, unless cancelled before the renewal date.

4.2. You may cancel at any time from the billing settings. Cancellation takes effect at the end of the current billing period; the Service remains available until then. Except as provided in Section 5, amounts already paid are not refunded upon cancellation.

4.3. Upgrades take effect immediately; the price difference for the remainder of the billing period is charged pro rata. Downgrades take effect at the start of the next billing period. Downgrading may reduce available features, limits or seats; it is your responsibility to review the plan limits before downgrading.

4.4. If a recurring payment fails, we notify you and retry. If payment is not received within 14 days of the notice, we may suspend access to the Service until payment is made. Data are retained during suspension and handled in accordance with Section 13 and the DPA upon termination. Suspension does not release you from the obligation to pay the amounts due.

4.5. Payments are processed by third-party payment providers (e.g., Stripe). We do not store payment card data. If you dispute a charge with your card issuer or payment provider instead of contacting us first, we may suspend access to the Service until the dispute is resolved, and you bear the costs charged to us in connection with the dispute.

4.6. We may change subscription prices with at least 30 days' prior notice (by e-mail or via the platform). Price changes take effect from the next billing period after the notice period. If you do not agree, you may cancel before the change takes effect.

4.7. All fees are exclusive of applicable taxes (e.g., VAT), which are charged where required by law.

Lifetime accounts

4.8. Lifetime plans provide access to the Service, at the plan tier purchased, for as long as the Service is offered, without recurring fees. Section 10 applies to lifetime plans: a lifetime plan does not guarantee the continued availability of the Service or of any particular feature, and discontinuation of the Service under Section 10.2 does not give rise to a refund. Lifetime accounts are personal to you and your organisation and may not be resold, rented, leased, sublicensed or otherwise transferred (in whole or in part) to any third party, whether for profit or not, without our written permission. Any attempt to do so is a violation of these Terms and may result in suspension or termination of the account without refund.

4.9. Depending on the plan, a lifetime plan may be purchased in instalments (two or three), as specified at checkout. Each instalment is due 30 days after the previous one and is charged automatically. If an instalment payment fails, we notify you by e-mail and retry; if payment is not received within 14 days of the notice, we may disable access to the account until the outstanding amount is paid. Access to the Service under a lifetime plan remains conditional on payment of all instalments.

Incorrect pricing

4.10. If a price is displayed incorrectly due to a genuine error, we may cancel the affected transaction and refund any payment made.

Free plans and trials

4.11. Where we offer a free plan or a free trial, we may limit, change or withdraw it at any time. Free plans and trials are provided without any commitment regarding availability, functionality or the retention of Customer Content beyond what the DPA provides, and Sections 11 and 12 apply to them in full.

5. Refunds

5.1. For a first-time subscription or a lifetime plan purchase, you may request a full refund within 14 days of the payment by contacting [email protected].

5.2. Renewal payments are refundable within 7 days of the renewal charge, provided the refund request is made within that period.

5.3. Refunds are made to the original payment method. Statutory rights that cannot be limited remain unaffected.

6. Licence and intellectual property

6.1. The Service, the website and all related intellectual property are owned by the Company or its licensors and are protected by intellectual property laws. All trademarks, trade names, service marks and logos on the website are proprietary to the Company or their respective owners.

6.2. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for your internal business purposes, in accordance with these Terms and the limits of your plan.

6.3. You may not: resell the Service; copy, modify, adapt, translate or create derivative works of the Service; reverse engineer, decompile or disassemble the Service, except to the extent permitted by mandatory law; remove or alter proprietary notices; or use the Service to build a product or service that competes with the Service.

6.4. White-label use of the Service — including your own branding, colours and custom domain within your workspaces and portals — is a feature of the Service and does not transfer any intellectual property rights in the underlying platform.

6.5. If you or your Invited Users provide us with suggestions, ideas or other feedback about the Service, we may use and incorporate it without restriction, attribution or compensation. Feedback does not include Customer Content.

7. Customer content

7.1. You retain all rights to the content that you and the persons you invite enter into the Service — such as tasks, files, messages and comments ("Customer Content"). We claim no ownership of Customer Content.

7.2. You grant us a non-exclusive licence to host, store, transmit, display and process Customer Content solely as necessary to provide the Service, in accordance with the DPA. We do not use Customer Content for our own purposes. We may use aggregated and anonymised usage data that does not identify you, your Invited Users or any individual to operate, secure and improve the Service.

7.3. You are responsible for the Customer Content, including its lawfulness and the rights necessary to enter it into the Service, and for the personal data of third parties contained in it, in your capacity as controller under the DPA.

7.4. We take regular backups of the Service for operational purposes. Backups are not a substitute for your own copies: you are responsible for exporting and keeping copies of Customer Content that you need for your legal, accounting or business purposes, and the workspace export functionality is available for that purpose. We are not liable for loss of Customer Content that you could reasonably have exported.

8. Acceptable use

8.1. You agree not to use the Service to: infringe the rights of the Company or any third party; upload or distribute unlawful, offensive or harmful content; transmit malware or other harmful code; conduct or facilitate unlawful activities; send unsolicited communications (spam); or attempt to gain unauthorised access to the Service or related systems.

8.2. You agree not to: modify, adapt or hack the Service; falsely imply association with the Company through another website; use automated data-gathering methods (scraping, crawling) on the Service without our written permission; use technologies to manipulate or frame the content of the website; or interfere with the integrity or performance of the Service.

8.3. We have the right, but not the obligation, to review Customer Content to determine compliance with these Terms and applicable law, in accordance with the DPA and the Privacy Policy.

9. Third-party services and integrations

9.1. We use third-party vendors and hosting partners to provide the infrastructure required to run the Service. Vendors that process personal data are listed in the Privacy Policy and, for Customer Content, in Annex 3 of the DPA.

9.2. The Service allows connection to external services chosen by you (e.g., file storage, payment providers). When you enable an integration, the exchange of data takes place on your instruction and under the terms of the relevant external provider. We are not responsible for external services.

9.3. Links to third-party websites are provided for convenience only and do not constitute endorsement. Use of third-party services and products is at your own discretion.

10. Availability and changes to the Service

10.1. We aim to keep the Service available and to develop it continuously. We may change, add or remove features of the Service. If a change materially reduces the core functionality of your plan, we will notify you in advance where reasonably possible.

10.2. We may discontinue the Service or parts of it. For a discontinuation of the Service as a whole, we will provide at least 90 days' notice and the ability to export Customer Content.

10.3. Maintenance, updates and factors outside our control may cause temporary interruptions. We do not guarantee uninterrupted or error-free operation.

10.4. Neither Party is liable for failure or delay in performing its obligations caused by circumstances beyond its reasonable control (force majeure), including failure or unavailability of hosting, telecommunications or other third-party services, cyber-attacks, including denial-of-service attacks, acts of public authorities and changes in law. The affected Party notifies the other Party without undue delay and resumes performance as soon as the circumstances cease. This Section does not apply to payment obligations.

10.5. We may make features available on a beta, preview, early-access or trial basis ("Beta Features"). Beta Features are provided for evaluation, may be changed, suspended or withdrawn at any time without notice, are excluded from any commitment in these Terms regarding availability or functionality, and are used at your own risk. Section 11 applies to Beta Features in full.

11. Warranties and disclaimers

11.1. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability and non-infringement.

11.2. We do not warrant that the Service will meet your requirements, operate without interruption, or that all errors will be corrected.

11.3. Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

12. Liability

12.1. To the maximum extent permitted by law, the Company is not liable for indirect or consequential damages, loss of profits, loss of business, or loss of data, arising from the use of or inability to use the Service. The same applies to loss or damage arising from Customer Content, from acts or omissions of Invited Users, or from third-party services connected to the Service under Section 9.

12.2. To the maximum extent permitted by law, the total aggregate liability of the Company under or in connection with these Terms is limited to the greater of (a) the fees paid by you for the Service in the 12 months preceding the date on which you first notify us of the claim and (b) EUR 500, or, for lifetime accounts, to the amount paid for the lifetime plan.

12.3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including liability for intent or gross negligence where so provided).

12.4. Liability in connection with the processing of personal data is governed by Art. 82 GDPR and the DPA. As between the Parties, it is subject to Sections 12.1 and 12.2 to the extent permitted by applicable law. Nothing in these Terms limits the rights of data subjects.

12.5 The exclusions and limitations in this Section 12 apply to any claim arising under or in connection with these Terms, whether based on contract, tort (including negligence), breach of statutory duty or otherwise, to the extent permitted by applicable law. You notify us of any claim, and of any defect in the Service on which a claim may be based, without undue delay after becoming aware of it, and you take reasonable steps to mitigate your loss.

13. Suspension, term and termination

13.1. These Terms take effect upon acceptance and remain in force until terminated.

13.2. You may terminate at any time by cancelling your subscription (effective at the end of the billing period) and/or deleting your account.

13.3. We may suspend or terminate your account: (a) with immediate effect, in the event of a serious breach of these Terms (including unlawful use, security abuse or non-payment after the process in Section 4.4); or (b) for other breaches, if the breach is not remedied within 14 days after notice. We may also suspend access, without this constituting a breach on our part, (c) where required by law, a court or a public authority, or (d) where we reasonably believe that your account has been compromised or that continued access poses a security risk to the Service, other customers or third parties; in those cases we restore access as soon as the reason for the suspension ceases and, where permitted, inform you of the reason.

13.4. Upon termination, your licence ends and access to the Service ceases. Customer Content and personal data are handled in accordance with Section 11 of the DPA: within 30 days of termination you may choose return (export) or deletion; in the absence of a choice, data are deleted after the period specified in the DPA. Workspace export functionality is available for retrieving Customer Content. Once the deletion period under the DPA has expired, we have no obligation towards you to retain Customer Content and are not liable for its deletion.

13.5. Provisions which by their nature should survive termination (intellectual property, liability, indemnification, governing law) remain in force.

14. Indemnification

14.1. You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents against third-party claims, damages, costs and expenses (including reasonable legal fees) arising from your breach of these Terms or your violation of the rights of a third party through your use of the Service, or from any claim by an Invited User relating to your use of the Service or to the access you have granted.

15. Publicity

15.1. We may use your business name and logo to identify you as a customer of the Service (e.g., on our website and in marketing materials), unless you notify us in writing ([email protected]) that you do not wish this. Upon such notice, we cease the use within a reasonable period.

16. Changes to these Terms

16.1. We may update these Terms when the Service, our business or applicable requirements change. The current version is published on the website with an effective date.

16.2. For material changes, we will notify you at least 14 days in advance by e-mail or via a notice in the platform. If you do not agree with a material change, you may terminate before it takes effect; continued use after the effective date constitutes acceptance.

17. Governing law and jurisdiction

17.1. These Terms are governed by the law of the Republic of Bulgaria.

17.2. The competent courts are the Bulgarian courts at the registered seat of the Company, unless mandatory law provides otherwise.

18. Final provisions

18.1. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

18.2. Our failure to enforce a provision is not a waiver of the right to enforce it later.

18.3. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets, with notice to you.

18.4. These Terms, together with the documents referred to in Section 1.3, constitute the entire agreement between the Parties regarding the Service.

18.5. These Terms are drawn up in English. Where a translation is provided, it is for convenience only and the English text prevails.

18.6. Notices from us to you are sent to the e-mail address registered in your account or displayed in the platform and are deemed received on the day after they are sent. Notices from you to us are sent to [email protected].

19. Contact

2 Create Ltd, UIC 200659554, 8 Neptun Street, Varna 9000, Bulgaria
[email protected] • [email protected] (data protection)