Data Breach Policy.

1. About these terms

Please read these Terms of Use carefully along with our Privacy Policy. These terms tell you who we are, how we will provide the Fresco Platform (the “Platform“), including the Fresco App (the “App“), to you, how we may change the Platform, what to do if there is a problem and other important information.

If you think that there is a mistake in these Terms of Use, please contact us to discuss.

By downloading and installing the App or otherwise using the Platform, you agree to be bound by the following terms and conditions, including any updates or supplements to the Platform as mentioned in the “Terms of Use” paragraph below, unless such updates or supplements come with separate terms, in which case those terms will apply. We reserve the right to update these Terms of Use in accordance with paragraph 5 below.

If you do not agree with these Terms of Use or our Privacy Policy, you should not use the Platform

2. Information about us and how to contact us

We are Adaptics Ltd., trading as Fresco (or “we” or “us” or “our“), a company registered in the Republic of Ireland. Our company office is at The Priory, John St. West, Dublin 8, Ireland.

The App, created and developed by us, is used to register a Fresco User Profile, supply interactive recipe content, and operate connected appliances, including but not limited to our connected kitchen scale, Drop Scale.

The Platform, also created and developed by us, comprises other products and services besides the app, including but not limited to Fresco Creator (a web application), and our website,

You can contact us at [email protected], [email protected], or by writing to Fresco, The Priory, John St. West, Dublin 8, Ireland.

If we have to contact you, we will do so by sending you an email at the address provided by you during the registration process (please see paragraph 4).

3. Your use of the App

Provided that you comply with these Terms of Use, we grant you a non-exclusive, royalty-free and non-transferable license to use the App on your device. We may revoke this license at any time.

The App allows you amongst other things to:

  1. register with the App Services, which creates your Fresco User Profile;
  2. operate your connected appliances with our platform, for example, the Kenwood kCook Multi Smart, Bosch ovens with Home Connect, GE Appliances wifi-connected ovens, and Drop Scale;
  3. follow recipes in a step-by-step manner;
  4. upload your own recipes by using the Fresco Creator web application;
  5. review and comment on recipes, wherein those comments and reviews are attributed to your Fresco User Profile;
  6. undertake provisioning and pairing of connected appliances; and
  7. connect to and share recipes on social media websites,

together, the “Services“.

You must only use the App in order to perform the Services. You must not:

  1. use the App in any illegal manner, for any illegal purpose or in any manner inconsistent with these Terms of Use;
  2. be below the age of 16;
  3. upload content that you do not own;
  4. collect or harvest any information or data from the Platform or attempt to read any messages or information not meant for you;
  5. act fraudulently or maliciously (which includes hacking into or inserting malicious code, viruses, or harmful data into the Platform);
  6. collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you;
  7. undertake any activity which infringes (or has the risk of infringing) our intellectual property rights or any third party’s intellectual property rights related to the App (including by attempting to build an app that is the same or similar to the App); or
  8. carry out any activity which damages or may damage our reputation, or harms, threatens, or harasses us or any other person or organization.

4. User registration for remote appliance operation and recipe access

In order to remotely operate a connected appliance, and/or access recipes with the Platform, you must register with Fresco using the App, which creates a Fresco User Profile.

We will require a valid email address for this purpose. The email address and other information you provide will be stored securely on Amazon web servers in accordance with their latest published Privacy Notice.

When registering with us, you are responsible that the information is given for your Fresco User Profile (together with any other information which you may from time to time provide to us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading.

You are also responsible for notifying us of any changes to such information, in order to ensure that your Fresco User Profile is up-to-date. We will protect your account using an email address and password system.

You must ensure that you have appropriate security measures in place to ensure that:

  • any email address and password that you choose or we allocate to you is used only by you; and
  • the security and confidentiality of your email address and password is maintained at all times and not disclosed to other individuals or third parties.

5. Changes to the Platform, these Terms of Use and/or the Services

We may change the App in order to reflect changes in relevant laws and regulatory requirements, and/or to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the App. We will try to give you reasonable notice of any major changes. We may change the Services available through the Platform from time to time, in such ways as adding or removing App features.

We may also ask you to update the App for the reasons set out above. If you choose not to install such updates, or if you opt-out of automatic updates, you may not be able to continue using the App and the Services.

We may amend these Terms of Use from time to time. If you wish to continue to use the Platform over time, please check these Terms of Use periodically to ensure you always understand the version that applies.

6. Charges

We will not charge you to download, install or use the App, but you acknowledge and agree that you may be charged by your mobile phone network operator or telecommunications provider for internet access on your device, which is required for use of the app.

Therefore, you accept responsibility for any charges levied by your mobile phone network operator or telecommunications provider relating to your use of the App on your device.

7. Intellectual property rights

We respect the intellectual property rights of others. The intellectual property rights in the App are owned by us or duly licensed by third parties. All such rights are reserved.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

8. The User-generated content and content ownership:

After uploading a recipe using our web application, Fresco Creator, you have the option to share your own recipes, and recipes from other online or print sources, with our community of users, in the Fresco recipe format.

If you wish to submit a recipe for publication in the App, we will require an image of that recipe as a component of the submission. By submitting a recipe, you verify that you have the right to reproduce that image.

If we have reason to believe that you do not own the image, we will contact you by email (that which you have used to register your Fresco User Profile), and the recipe will not be published in the app until you confirm.

A published recipe will be available for use by all users of the Fresco Platform and will be attributed to your Fresco User Profile.

Fresco reserves the right to share recipes you submit to the app on our social media platforms and in email marketing.

9. Adherence to Community Guidelines:

In addition to creating and publishing User Generated Content, your Fresco User Profile allows you to leave reviews and comments on recipes within the app. By doing so, you agree to act in accordance with our community guidelines, published in full here.

We will remove your content from the app immediately upon discovering a violation of these guidelines, which include the prohibition of plagiarism, derogatory comments toward other users, spam, and the use of profane language.

10. Providing the App

You acknowledge and agree that the operation of the App is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.

If your download of the App is delayed by an event outside our control, then we will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event.

We require certain information from you so you can download the App, for example, registration information. This will have been stated in the description of the App on our website, the Apple App Store, or the Android Play Store. Even if you download the app to your device, without this information, we will not provide you access to the App’s Services.

11. Availability of the Platform

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app, website, or web application for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

12. If there is a problem with the Platform

If you have any questions or complaints about the App or another aspect of the Platform, please contact us. You can contact our customer service team at [email protected]

We will not be liable for personal injury, or any incidental, special, indirect or consequential damages, including damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of (or inability to use) the App.

We supply the App for domestic and private use. If you use the App for any commercial, business, or re-sale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

Our Privacy Policy is thorough, and it describes how we will use your information. Our Privacy policy will apply to any data collected by the Platform. We will only give your personal information to other parties where the law either requires or allows us to do so. Access our privacy policy in full here.

14. Other important terms

Nobody else has any rights under these Terms of Use. This Terms of Use are between you and us. No other person shall have any rights to enforce any of them.

No transfer of rights. You will not be entitled to assign, transfer, charge, hold on trust or deal in any other manner with any of your rights or, where appropriate, obligations under these Terms of Use.

Links. From time to time, the App may include links to third party websites, for example, to direct you to the source of a given recipe. These links are provided for your convenience only and do not signify that we endorse such third party websites.

We do not review such third party websites and you acknowledge and agree that:

  • we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
  • we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
  • if you access any such websites, you do so entirely at your own risk.

If a court finds part of these Terms of Use illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, or unenforceable, the unlawful or unenforceable term shall be deemed to be severed from these Terms of Use and the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not immediately claim any specific action from you under these Terms of Use, or if we delay in taking steps against you in respect of your failure to comply with them, this will not prevent us from doing so at a later date.

15. Which laws apply to these Terms of Use?

These terms are governed by the Laws of the Republic of Ireland and you can bring legal proceedings thereto.