Smakly App – Terms of Service 2.0

Version: 2.0

Effective Date: 24 September 2026

Welcome to Smakly! These Terms of Service ("Terms") govern your use of the Smakly mobile application (the "App") operated by Mateusz Anders ("I", "me", or "my") as a sole trader, under the business name Mateusz Anders IT Solutions, ul. Wały Jagiellońskie 28/30 lok. 2, 80-853 Gdańsk, Poland (full details in section 20). By creating an account, you enter into a contract with me on these Terms (section 2).

Smakly is an app for cooking and planning meals: you write and keep recipes, lay them out as meals in a calendar, cook them step by step in cooking mode, and turn them into shopping lists. Along the way the App works out calories and nutritional values from the ingredients. You can also publish recipes, comment on and rate other people's, follow them and plan together — section 6 describes those features.

1. Eligibility

You must be at least 18 years old to use the App. By creating an account you confirm that you are. The App is for adults, and that is a deliberate choice: it shows advertising that may be personalised, and I do not want to aim such advertising at minors — the law and the ad networks' own rules give them particular protection from advertising based on profiling.

If I learn that an account belongs to someone under 18, I close it and delete the data, as section 8 of the Privacy Policy describes. Where I am in doubt, I ask first, by writing to the email address the account uses. If you confirm that you are under 18, or do not reply within 14 days, I block the account; if within a further 30 days you do not confirm that you are 18 or over, I close it and delete the data. If you reply that you are 18 or over, the account stays.

2. Account Registration

You may register using an email address and password, or through a supported social login provider (Google or Apple).
You must provide accurate and complete information during registration.
You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for activity that occurs under your account, unless you are not at fault for it — for example, when someone took over the account although you kept your credentials confidential.
You must verify your email address before you can use the App.

The contract. The contract between us is concluded when you create an account and runs for an indefinite period — until you delete the account or I close it under section 8.

Withdrawing from the contract. If you are a consumer, you may withdraw from the contract without giving a reason within 14 days of concluding it. It is enough to delete your account in Settings within that time, or to send me a statement of withdrawal at contact@smakly.app or at the address in section 20. You may — but need not — use this model: "To Mateusz Anders IT Solutions, ul. Wały Jagiellońskie 28/30 lok. 2, 80-853 Gdańsk, Poland, contact@smakly.app. I hereby give notice that I withdraw from my contract for the use of the Smakly app. Contract concluded on: … Account email address: … Name: … Date: …" Withdrawing costs nothing, and I delete the account as section 7 of the Privacy Policy describes. After the 14 days you can leave in exactly the same way — deleting your account ends the contract at any time.

2A. What you need to use the App

The App is a mobile application. To use it you need:

a phone or tablet running Android, or an iPhone or iPad running iOS, in a version the current release of the App supports — the App's listing on Google Play and on the App Store states what that is today. Dropping support for an older version of either system does not close your account or delete anything of yours: install the App on a supported device and it is all still there;
the current version of the App, installed from Google Play or the Apple App Store; an old version may stop working with the server after an update;
an active internet connection — your recipes, your planner and your shopping lists are kept on the server, and the App has to be able to reach it;
an email account you can read: your address has to be confirmed before you can use the App, and it is where password resets and messages about moderation decisions go.

Two features ask for more. Translating a comment on your phone uses your system's own translator, which needs iOS 18 or newer on an iPhone; on Android it downloads a language pack of a few tens of megabytes the first time you translate from a given language, over whatever connection you are on. Push notifications need permission from your phone, which it asks you for.

What the App installs on your device. Together with the App you install third-party software used to show ads and ask for consent to personalise them, to sign in through an outside provider, and to deliver push notifications. Who those providers are, and what data their software collects, is set out in the Privacy Policy.

Risks worth knowing about. Like any service on the internet, using the App carries risks that I guard against on my side, but not entirely:

phishing — I never ask for your password by email or in a message from another user; I send password-reset and account-deletion links only when you ask for them in the App;
fake versions of the App — install it only from Google Play or the App Store;
links in other users' content — they lead to sites I am not responsible for, which may carry malware;
account takeover — use a password you use nowhere else, and do not share your credentials.

3. User Content

3.1 Your Content

You keep the rights to the content you create and share in the App — recipes, photographs, comments and reviews ("User Content"). Adding it to the App, even as private, gives me a licence to run the App with it, and nothing beyond that.

The licence is non-exclusive, royalty-free and not limited to any territory, and it covers these uses of your User Content and no others:

Recording and reproduction by digital means — storing your content on my servers and making the copies the service needs: backups, caches, thumbnails, and the changes of format and size needed to show it on a phone.
Making it available to the public in the App, in such a way that anyone who may see it can reach it at a place and time of their choosing — the feed, search, a recipe screen, a comment thread, a meal plan, a shopping list — and only to the people your own privacy settings allow.
Making it available to the public on the recipe's own web page, where a recipe of yours has one, to whoever opens the link.

Nothing more than that. The licence does not let me use your content in advertising or any other promotional material, sell it, sub-license it to anyone, or alter it beyond what showing it requires. If I ever want to use a recipe or a photograph of yours to promote Smakly, I have to ask you first and you are free to say no.

How long it lasts. The licence runs for as long as your account exists and the content is in the App, plus the time backups are kept (the periods are in the Privacy Policy). Deleting the content, or deleting your account, ends it, with one exception: a version of your recipe that somebody has put in their meal plan may still be shown to the people in that plan for as long as that plan entry exists — otherwise deleting a recipe would wipe other people's meals from their calendar. A copy may outlive that for three reasons and no others: a backup, for as long as backups are kept; a report somebody filed, which carries a copy of the content as it stood when it was reported — without it the case could not be decided once the content is gone; and a recipe version pinned in somebody else's meal plan, which outlives the recipe itself and so must still be possible to block. The periods and the purposes are in section 5 of the Privacy Policy; the copies are not used for anything else. Content blocked for breaching these Terms is kept for the periods in section 3.10 and only for the purpose given there.

3.1a Recipes published by Smakly

Not every recipe in the App comes from a user. Some are published by me, from the official Smakly account, so that the App is useful before it has a community. These are not User Content and section 3.1 does not apply to them.

Their text is drafted with the help of artificial intelligence tools and reviewed by me before it is published. Their photographs are generated by artificial intelligence: they illustrate the dish, but they are not photographs of a dish that was actually cooked, and they do not depict any real place, person or event.

Every such recipe is visibly marked in the App as generated by artificial intelligence. The mark appears wherever the recipe does — in the feed, on the recipe screen and in your meal plan. If you see it, the recipe was produced the way this section describes.

Recipes published by Smakly are available in English and in Polish. The Polish version is translated with the help of an artificial intelligence model and reviewed by me before it is published.

3.2 What Smakly is for

Smakly is an app for cooking and meal planning. Content that has nothing to do with food takes up space in the feed and in search results at the expense of the content people came here for, and is removed. Section 3.4 explains where the line falls.

3.3 Prohibited content

The categories below apply to every kind of content: recipes (title, description, photos, steps, ingredients), comments and ratings, profiles (name, username, bio, picture) and the names of shared planners. They are the same categories you will see in the reporting form, so that nothing can be reported that these Terms do not prohibit, and nothing is blocked without a rule to point to.

Serious violations

A serious violation results in your account being blocked immediately, without a prior warning. Where a violation in this group is of little weight — a single spiteful remark, say, rather than a threat or harassment — I may instead block only the content and issue a warning, as for a minor violation.

Category	What it covers
Illegal content	Child sexual abuse material, terrorist content, trading in prohibited substances or items, and other people's data obtained unlawfully. This category follows a separate legal procedure rather than an ordinary block, including reporting to law enforcement.
Sexual content	Nudity and sexual acts in photographs, pornographic descriptions, and suggestive content that uses the form of a recipe as a pretext.
Violence or hate speech	Glorification of violence, graphic content, and attacks on groups of people based on origin, nationality, religion, sex, sexual orientation, age or disability.
Harassment or personal attack	Content aimed at a specific person: insults, threats, ridicule, publication of someone else's personal data, and creating recipes or shared planners whose content refers to a particular user.
Impersonation	Passing yourself off as another person, a brand, an institution, or Smakly support.
Dangerous to health	Recipes containing poisonous or inedible ingredients; preparation techniques that risk poisoning presented as safe; content promoting eating disorders (fasting or drastic calorie restriction presented as healthy); encouraging the replacement of medical treatment with diet; and alcohol-related content aimed at minors.

Minor violations

A minor violation results in the content being blocked and a warning being issued. A third active warning blocks your account — see section 3.8.

Category	What it covers
Profanity	Swearing and offensive expressions not aimed at any particular person — in titles, descriptions, comments, names, usernames and the names of shared planners.
Spam or advertising	Posting the same content repeatedly, content produced in bulk with no culinary value, and advertising for which a recipe is merely a pretext. See section 3.5.
Not about cooking	Content that is not about cooking or meal planning. See section 3.4.
Copyright infringement	Publishing somebody else's photographs, text or other material without the right to use it — including photographs taken from other services — and passing off someone else's work as your own. A recipe as a bare list of ingredients and steps is generally not protected; its photographs and the writing around it are.
Misleading claims	False nutritional and health claims that do not directly endanger health — those fall under the serious category above.
Something else	A violation not covered above. Both the report and the moderator's decision require a written explanation, and the decision must name the provision of these Terms or of the law that was breached. Such a violation is always minor — on its own it never blocks an account immediately.

3.4 Off-topic content

A story is not forbidden. Using a recipe as a pretext for a story is.

The history of a dish, a holiday it reminds you of, a photograph from a trip, or a few sentences about where you learned the recipe and why you cook it may accompany a recipe — and they are welcome, because they are what makes a recipe more than a list of ingredients. They cannot be the reason the entry exists. An author who shares a real spaghetti bolognese recipe and adds a photograph of the plate taken in Italy brings something to the App. An author who posts an account of a trip and calls it a recipe takes that author's place.

The primary purpose test. Remove the whole story and the recollections. The photograph is settled by the separate rule below — subtracting it would decide nothing, because the recipe text alone would always save it.

If a complete, usable recipe remains, the content is allowed.
If nothing of value remains, it is off-topic content and will be blocked.

The photograph has to show the dish. Other things may be in the frame as well — a laid table, a kitchen interior, a food market, people around the table, the view out of the window — but the dish itself, or at least food, has to be visible in it. A photograph with nothing to eat in it is off-topic even next to a real recipe. A portrait on its own is therefore off-topic however good the recipe beside it is — while the same person holding the plate, or eating, fits without any difficulty.

The primary purpose test does not work on a comment — subtract the story and no recipe is left, because a comment never contains one. A comment is on topic when it is about the recipe it sits under: "I ate this in Naples and it tasted exactly like this", "I made it with less garlic", "where did you learn it?" A holiday belongs in a comment as much as it belongs in a recipe description. A passing pleasantry that wanders off it — "all the best", "Italy is beautiful" — is not something I block either. I block a comment only when it was not written to talk about the recipe at all, but to advertise something, to have a go at somebody, or to spam.

Empty content, random characters and test entries need no test and are blocked outright — there is nothing in them to weigh.

The response is proportionate. On a first occurrence the content is blocked without a warning — this is usually a misunderstanding of what the App is for rather than bad faith. A warning is issued only if it happens again.

3.5 Commercial content and advertising

Advertising is not prohibited. Using a recipe as a pretext for advertising is.

A mention of a brand, a product or your own business may accompany a recipe. It may not be the reason the recipe exists. An author who shares a real recipe and mentions whose flour they used, or that they serve the dish in their own café, adds something to the App. An author who publishes a "recipe" in order to smuggle in a promotion takes space away from the first kind.

The main purpose test. Remove every brand name, link and product mention from the content.

If a complete, usable recipe remains, the content is allowed.
If nothing of value remains, it is advertising in the form of a recipe and will be blocked.

The same test applies to comments, profile descriptions and the names of shared planners.

Allowed:

naming a specific brand of an ingredient together with a culinary reason;
identifying your own restaurant, café or studio as the source of a recipe;
a link to your own blog or channel expanding on that recipe;
a photograph in which the packaging of a product used is visible;
affiliate links and discount codes — provided they accompany a genuine recipe and are disclosed.

Prohibited:

content that stops being a recipe once brand mentions are removed — no real quantities, no steps, no culinary sense;
a recipe reduced to the use of a single ready-made product, serving only to promote it;
publishing many variants of the same content to increase the reach of a promotion;
promotion unrelated to cooking — services and products outside the App's subject matter.

Making money from content is not the problem; content that exists only in order to make money is. Culinary creators are welcome here, as long as they are genuinely sharing recipes.

Sponsored material must be disclosed. If you received payment or a product in exchange for a post, or you earn from a link you have included, you must say so in the content. Failing to disclose it is a violation regardless of whether the recipe itself is any good — this follows from unfair commercial practices law, not only from these Terms.

As with off-topic content, a first occurrence is blocked without a warning unless it shows signs of organised activity.

3.6 Reporting content

Any signed-in user can report a recipe, a comment or rating, a profile or a shared planner from the place where the content is visible. A report asks which of the categories in section 3.3 the content falls under — one category per report — and, for a recipe, a profile or a shared planner, which part of it is at issue: the title, the description, the photographs, the steps, the ingredients, the tags, the username, the name shown to others, the profile description, the profile picture, or the planner's name. The category "Something else" requires a written explanation; you may add one to any report.

Without an account — for example, if you came across a recipe's web page — you can report illegal content by email to contact@smakly.app. Include a link to the content, explain why you believe it is illegal, give your name and email address, and state that you are making the report in good faith. I will confirm that I have received it and tell you what I decided.

Reports are read and decided by a person — nothing is settled automatically. Reports are checked daily. There is a daily cap on how many reports one account can file, because reporting is a safety tool and not a way to pursue another user.

3.7 Blocking content

Content that breaches these Terms is blocked rather than deleted, and you are told about it by push notification and by email. The message states the reason and which part of the content was at issue.

A blocked recipe stops being visible to everyone except you. You keep it, together with the reason and the date, and you can edit it. If you fix the problem, the corrected version is sent for review and may be restored — editing on its own does not unblock anything. Versions marked as breaching the rules remain unavailable permanently, even after the recipe is restored.
Meal plans are not disturbed. If other users had planned a blocked recipe, their calendar entries stay, with the date, meal, portions and calories intact. The photograph is hidden. The name stays visible unless the name itself was the violation, in which case it is replaced with a neutral label.
A blocked comment or rating stays in the thread as an empty entry marked as removed by an administrator, so that replies from other people keep making sense. A blocked rating no longer counts towards the recipe's average, and does not free up your slot for a new rating.
A blocked name of a shared planner is replaced with a neutral label for everyone, and the owner is asked to choose a new one. The planner, its events and its members are not affected.
A profile may have its name removed (your username shows in its place), its description cleared, its picture removed, or its username replaced with a neutral generated one. You can set a new name at once, and choose your own username immediately, without waiting out the usual 30-day limit.

3.8 Sanctions and escalation

A serious violation (section 3.3) blocks your account immediately, regardless of your history — unless it is of little weight and I stop at a warning, as section 3.3 describes.
A breach of section 4 or 5 — trying to break in, disrupting the App, bots and scrapers, using the API outside the official App, getting around security measures, harmful code — is treated as a serious violation.
A minor violation blocks the content and issues a warning. A warning counts for 12 months and then stops counting. The third active warning blocks your account.
After a second warning you will be told explicitly that a further violation will block your account.
Sometimes only the content goes and nothing changes on your account — no warning, and nothing that brings you closer to losing it. That is what happens where the case is borderline, or where it is hard to hold anything against you: an off-topic recipe posted out of a misunderstanding rather than in bad faith, for instance.
Account blocks are indefinite by default. A time-limited block is possible but requires a deliberate decision. An account is only blocked after a serious violation (including a breach of section 4 or 5) or a third warning, so in each of these cases a deadline would suggest the rules are negotiable.
An indefinite block may also prevent a new account being created with the same email address, for three years. This is an obstacle rather than a safeguard: a different address or a social login gets around it. Only a digest of the address is stored, never the address itself.

If your account is blocked you can still sign in with any method you used before, recover a forgotten password, read the reason for the block, and delete your account together with your data. Nothing else is available in the App. Password recovery deliberately keeps working: a block is a sanction under these Terms and cannot take away your rights under data protection law, including the right to have your data erased and the right to a copy of it. You can get a copy of your recipes, meal plans and shopping lists by asking at contact@smakly.app — free of charge and in a commonly used format — also while your account is blocked, and before you delete it.

3.9 Appeals

If you believe a decision was wrong, write to contact@smakly.app. Include the date of the decision and the name of the affected content. The same address is shown in the App and in every message about a moderation decision.

For a blocked recipe there is also a faster route: correct it and the revised version goes to review automatically. There is a daily limit on how many times one recipe can be resubmitted.

An appeal is dealt with within 14 days of reaching me, and you get an answer within that time. Complaints about anything else are covered by section 13B.

3.10 How long moderation data is kept

The retention periods, and the purposes the data is kept for, are in section 5 of the Privacy Policy. They are stated there and nowhere else, so that the two documents cannot drift apart.

3.11 Content removal

I do not delete content that breaches these Terms; I block it, as section 3.7 describes. The exception is illegal content, which I deal with as the law requires (section 3.3). You can always delete your own content.

3A. Blocking other users

Separately from reporting, you can block another user. Reporting asks whether content breaks the rules; blocking asks only whether you want any contact with that person. It needs no justification and takes effect immediately.

Blocking means:

that person's recipes, comments, ratings and profile stop being visible to you, and yours to them;
any follows in either direction are removed;
neither of you can follow, invite, comment on, reply to or mention the other;
neither of you receives notifications caused by the other.

Blocking does not cover:

shared planners and shared events. Two members of one shared planner share a calendar, and it cannot be split without breaking it for everyone in it. If you block someone from a shared planner of yours, the App will tell you so at the time;
content already posted under your recipes. Comments by a blocked user stop being visible to you, but remain visible to everyone else.

Blocking is silent. The other person is not told; your profile is simply unavailable to them. Unblocking restores visibility but does not restore any follows that were removed. Your list of blocked users is in Settings and you can undo any of it at any time.

Blocks between users are kept until you remove them; they are a setting, not a sanction.

4. Acceptable Use

You agree not to:

Use the App for any illegal or unauthorized purpose.
Attempt to gain unauthorized access to other users' accounts or the App's systems.
Interfere with or disrupt the App or its infrastructure.
Use automated means (bots, scrapers) to access or collect data from the App without prior written permission.
Impersonate another person or entity.
Circumvent any rate limits, security measures, or access controls.
Upload viruses, malware, or other harmful code.

5. Official App Only

The App's backend services and API are provided exclusively for use through the official Smakly mobile application. You may not access, interact with, or call the API directly or through any third-party client, script, bot, or application without prior written permission. Any unauthorized use of the API outside the official Smakly mobile application is prohibited and is a serious violation, which blocks your account under section 3.8. What you need on your side in order to use the App is set out in section 2A.

6. Social Features

The App allows you to follow other users, join shared planners, comment on recipes, post reviews, and participate in cooking events. When you use these features:

The owner of a shared planner — the person who created it — manages its membership. If the owner deletes their account, the shared planner is deleted for everyone; the meals planned in it that you take part in stay in your calendar.
The owner of a shared planner can also invite people with a link. Anyone who has the link can join at once, without further approval, so pass it only to people you want in it. You can revoke the link at any time and remove anyone who joined.
Joining a shared planner shares your daily calorie target and meal-slot template with the other members who have accepted the invitation — a shared meal cannot be portioned for everyone without them. Leaving it ends that.
What other users see, and which notifications you may receive, is described in sections 3 and 10 of the Privacy Policy.

Who may follow you depends on your profile setting. A private profile approves each follow request: you may decline a request or remove a follower at any time, and a request you declined can still be accepted later from the list of people you turned down. A public profile approves nobody, because there is nothing to approve — its recipes are readable by every user of the App and by anyone with a shared link, whether they follow the profile or not, so refusing a follower would withhold no access. Switching a profile from private to public therefore accepts everyone who was waiting and undoes any earlier decline or removal. If you want no contact with a particular person, block them (section 3A); on a public profile that is the only measure that changes anything.

7. Intellectual Property

The App, its original content (excluding User Content), features, and functionality are owned by Mateusz Anders and are protected by copyright and other intellectual property laws.

Your content is yours, and so is the responsibility for having the right to publish it. By posting, you confirm that what you publish is your own — your photographs, your writing — or that you are permitted to use it. You keep the rights to it: posting gives me only the licence described in section 3.1, and nothing more. Publishing somebody else's material without the right to do so breaches these Terms, and is dealt with under section 3.3 like any other prohibited content.

8. Account Suspension and Termination

I may block your account if you violate these Terms. The grounds, the escalation of warnings and what a blocked account can still do are set out in section 3.8.
I may close your account if it stays unused — that is, if you do not sign in for at least 12 months. It is a right I keep, not something that happens by itself, and it never happens without warning: beforehand I send an email to the address on the account, saying the date it will be closed, at least 30 days after the email is sent. Signing in before that date keeps the account open. An account closed this way is deleted, with your data, in the way the Privacy Policy describes.
If I ever stop running the App, I will tell you by email and in the App at least 30 days in advance. Until that day you can use the App as before and ask for a copy of your recipes, meal plans and shopping lists (section 3.8). On that day the contract between us ends, and I delete the data as on deletion of an account.
You may delete your account at any time through the App's settings, including while your account is blocked. Account deletion is permanent and results in the removal of your data as described in the Privacy Policy. If a bar on re-registration was imposed, it survives deletion of the account.

9. Third-Party Services

The App is distributed through Google Play and the Apple App Store, and integrates with third-party services for authentication, push notifications and advertising. Section 3 of the Privacy Policy lists who those providers currently are. Your use of these services is subject to their respective terms and privacy policies. I am not responsible for the practices of third-party services.

9A. If You Got the App from the Apple App Store

If you downloaded the App from the Apple App Store, the following also applies:

These Terms are between you and me, not with Apple. I, not Apple, am solely responsible for the App and its content.
You may use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
I, not Apple, am solely responsible for maintenance and support of the App. Apple has no obligation to provide any maintenance or support for it.
If the App fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund the purchase price, if any, to you. The App is free to download, so there is normally nothing to refund. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
I, not Apple, am responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
If a third party claims that the App or your possession and use of it infringes their intellectual property rights, I, not Apple, am responsible for the investigation, defence, settlement and discharge of that claim.
You confirm that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
Questions, complaints and claims about the App go to me, at the contact details in section 20.
You must comply with any third-party terms that apply when you use the App, for example your mobile data agreement.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Nothing in this section limits the rights you have as a consumer under mandatory law (section 15).

10. Advertising

The App contains advertising. It is what keeps the App running, so please do not block it. A modified version of the App, on the other hand — one altered to strip out the ads, for instance — is not the official App, and using it breaches section 5.

For my part, an advertisement is always visible as one. It may be laid out like a post in the App — that is what this kind of advertising is — but the advertiser stands where the author would, with a clear mark beside the name saying it is an advertisement. It is nobody's recipe, comment or review, and is never presented as one. Where advertisements appear may change as the App develops. The content of an advertisement comes from the advertiser, not from me.

Who delivers the advertising, what it collects to do so, and how to manage your choices, is described in section 11 of the Privacy Policy.

11. What I promise about the App

I run the App as a one-person business. I cannot promise that it will always be available or that nothing will ever go wrong: there will be maintenance, there will be failures at a hosting provider, and there will be bugs I have not found yet. When that happens I fix it as soon as I reasonably can.

That does not take away your rights. If you are a consumer, the App is a digital service supplied to you, and it has to conform to the contract — to what these Terms and the App's own description say it does, and to what you can reasonably expect of an app of this kind. If it does not, you have the rights Chapter 5b of the Polish Consumer Rights Act (ustawa o prawach konsumenta) gives you: you can demand that the service be brought into conformity with the contract and, if I fail to do that, if I refuse, or if the lack of conformity is serious, you can make a statement terminating the contract. Nothing in these Terms excludes or limits those rights, and where anything here says otherwise, the Act applies and not these Terms. How to complain is in section 13B.

Recipes and nutritional information in the App come either from other users or, where marked as section 3.1a describes, from me. Neither should be considered professional dietary or medical advice.

Calorie and nutritional figures are estimates calculated from the listed ingredients, not measurements of the dish you cook. Ingredient lists — including those in recipes marked as section 3.1a describes — must be checked yourself before you rely on them, in particular if you have a food allergy or intolerance, or if you are following a diet on medical advice.

12. Liability

My liability towards you is the liability the Polish Civil Code lays down. These Terms neither extend it nor cut it down: I am liable for damage caused by failing to perform this contract, or performing it improperly, on the terms of Article 471 and the articles that follow it.

What cannot be excluded is not excluded. Liability for damage caused intentionally is never excluded — an agreement to exclude it would be void under Article 473 § 2 of the Civil Code — and neither is liability for gross negligence, for harm to life or health, or for the consumer rights described in section 11.

What I am not liable for is damage that does not follow from anything I did wrong: what another user writes or does, what you decide to cook and how it turns out, what a third-party service does under its own terms (Google, Apple, Expo, an advertiser), and a failure of your own device or internet connection. Where the damage is partly your doing, Article 362 of the Civil Code applies.

If you use the App as a business rather than as a consumer, my liability towards you is limited to damage caused intentionally or by gross negligence, and does not extend to lost profits.

13. If you use the App as a business

This section applies only if you use the App in connection with a business or professional activity of yours. It does not apply to consumers, and it does not apply to a sole trader who uses the App for purposes unconnected with their business.

If a third party brings a claim against me because of your User Content or the way you used the App — for example a claim that a recipe or a photograph you posted infringes their copyright — you will cover the damage and the reasonable costs, legal costs included, that the claim causes me. I will tell you about such a claim without delay, give you the chance to respond to it, and will not settle it without asking you first.

If you are a consumer, none of this applies to you. You answer for your content on the ordinary terms of the law, and nothing here adds to that.

13A. Contact for moderation and appeals

Questions about a moderation decision, appeals, and reports of illegal content go to contact@smakly.app. The same address is published in the App, under Settings.

13B. Complaints

If something in the App does not work as it should, if the service was not provided the way these Terms describe, or if you are unhappy with something else I have done, you can make a complaint.

Where: by email to contact@smakly.app, or by post to the address in section 20.
What to write: what happened and when, which account it concerns, and what you want me to do about it. If you want the answer somewhere other than the address you wrote from, say so.
How I answer: by email, to the address the complaint came from, or to another email address if you give one. If you have no email address and ask for a written reply, I send it by post to the address you give.
When you get an answer: within 14 days of the complaint reaching me, in the language you wrote in.
If no answer arrives within those 14 days, the complaint is treated as accepted as you made it.

A complaint about a moderation decision — content blocked, an account blocked — has its own quicker route in section 3.9, and you may use either. Making a complaint takes nothing away: you keep the right to go to court and the out-of-court routes in section 16.

14. The Privacy Policy, and changes to these documents

The Privacy Policy tells you what I do with your personal data and why. It is how I meet the duty to inform you under Article 13 GDPR — it is not a contract and it is not a consent, so there is nothing in it for you to agree to, and reading it changes none of your rights. Where consent is actually needed, the App asks for it separately and you can withdraw it at any time: personalised advertising and push notifications.

That is why changes to the two documents are treated differently:

Changes to these Terms — which are a contract — are covered by section 19: when I may make them, when a change needs your acceptance, and when it is enough that you have been shown it.
Changes to the Privacy Policy are always put to you for your information only — there is nothing in it to accept, so a change to it never blocks the App. Section 12 of the Privacy Policy gives the rules. Acknowledging it confirms only that you have been told what is in it; what makes the processing lawful are the legal bases listed in section 2 of the Privacy Policy.

15. Governing Law

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

If you are a consumer resident in the European Union, this does not take away the protection of the mandatory consumer law of the country where you live. Where that law gives you more than these Terms do, that law applies.

16. Dispute Resolution

Disputes arising from these Terms or your use of the App are subject to the jurisdiction of the Polish courts.

If you are a consumer resident in the European Union, you may instead bring proceedings before the courts of the country where you live, and I may bring proceedings against you only there. You are never required to arbitrate a dispute with me.

Before going to court, please write to contact@smakly.app. Most disputes turn out to be a misunderstanding about a moderation decision, and section 3.9 describes a faster route for those.

Out of court. If you are a consumer, you do not have to go to court to settle a dispute with me. Among the routes open to you:

a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów) — free advice and help, in the district where you live;
the Trade Inspection (Inspekcja Handlowa): a provincial inspectorate can conduct mediation, and a permanent consumer arbitration court sits at it;
the consumer helpline run for the Office of Competition and Consumer Protection (UOKiK) at konsument.gov.pl, and UOKiK's public register of entities entitled to conduct out-of-court dispute resolution;
the European Consumer Centre (ECC Poland), if you live in another EU country.

These routes are voluntary, for you and for me alike: I am not obliged to take part in any of them and I do not undertake in advance to do so — I decide case by case. Using one of them, or not, leaves your right to go to court untouched.

17. Severability

If a provision of these Terms turns out to be invalid or not binding on you, the rest of these Terms continues to apply, and the law applies in place of that provision.

18. Entire Agreement

These Terms are the entire contract between you and Mateusz Anders regarding your use of the App, and supersede earlier versions of it. The Privacy Policy is not part of it — it describes how I process your data (section 14). This does not exclude anything the law writes into the contract, including what the App's listing on Google Play and the App Store says about it (section 11).

I publish these Terms in Polish and in English, and in translations into other languages where there is a need for them; every version is meant to say the same thing. If a difference between them ever turns out to matter, the Polish version prevails for users in Poland, and the English version for everyone else.

19. Changes to These Terms

I may change these Terms while you are using the App, but only for an important reason, and the important reasons are these and no others:

a change in the law, or in the way a court or an authority reads it, that affects the App or these Terms;
a new feature in the App, a change to an existing one, or the withdrawal of one that is no longer offered;
the security of the App or of the people using it, including what is needed to prevent abuse;
a change in my own details, or in a third-party service the App depends on;
the introduction of new paid features or optional extra services, which are taken up voluntarily, together with the terms on which they are charged for;
correcting a mistake, an ambiguity or an out-of-date reference, without changing what the text means.

A correction that does not change what the text means — a typo, an out-of-date reference, or a clearer wording of the same rule — needs no notice and no acknowledgement, and does not move the effective date. You will be told about every other change in the App at least 14 days before it takes effect, and by email as well where the law requires it. The period may be shorter only where the change is forced by a law or an authority's decision taking effect sooner, or is urgently needed for the security of the App or the people using it. Until the change takes effect, the version you accepted goes on applying to you. The "Effective Date" at the top always says which version this is.

A major change is one that puts a new obligation on you, narrows your rights, changes the rules on moderation and sanctions, on liability, on governing law or on dispute resolution, introduces a charge for something that was free, or widens the licence to your content or my own right to change these Terms. A major change you do not accept does not bind you. It is put to you for acceptance and the App asks for it before you carry on; simply carrying on using the App is not acceptance of it. If you have not accepted it by the day it takes effect, from that day until you accept it you can only read it or delete your account in the App, and you can get a copy of your recipes, meal plans and shopping lists by asking (section 3.8).

Every other change is put to you for your information. It binds you from the day it takes effect, or from the moment the App shows it to you if that is later — unless you delete your account first.

If you do not want a change, you can delete your account at any time before it takes effect, or afterwards — it costs nothing, it takes a few taps in Settings, and our contract ends with it.

Every version of these Terms stays available at a permanent address, and I will email it to you if you ask.

20. Contact

If you have questions about these Terms, please contact me at:

Operator: Mateusz Anders, running a sole proprietorship under the business name Mateusz Anders IT Solutions, entered in the Polish Central Register and Information on Economic Activity (CEIDG).
Address: ul. Wały Jagiellońskie 28/30 lok. 2, 80-853 Gdańsk, Poland.
Tax ID (NIP): 5892110685; REGON: 544392830.
Email: contact@smakly.app — the single point of contact for these Terms, for moderation appeals, for reports of illegal content, and for data protection requests. It is the address to use whether you are a user or an authority. You can write to me in Polish or in English.