Valid from 01.01.2022

1st area of application

(1.1) Vegan Cheffrey GmbH, Hubstraße 22, 8102 Semriach, registered at the Regional Court for Civil Matters Graz under 592286i, (hereinafter "Vegan Cheffrey GmbH") offers a mobile app, namely the VeganCheffrey app, which provides users (hereinafter "Users") with information about the recipes provided, including shopping lists with product and nutritional information. This use is the subject matter of these General Terms and Conditions.

(1.2) These General Terms and Conditions apply to any free use of the VeganCheffrey App ("Freemium"). They also apply to any subsequent extended free use of the VeganCheffrey App with registration and any paid use of the VeganCheffrey App with registration.

(1.3) All information you provide when creating an account must be current and truthful. You may not disclose your password to third parties, you must keep it safe and inaccessible to unauthorized persons and notify us immediately in text form if it is lost or disclosed. In addition, you should not disclose your password for iTunes to third parties; you are liable for misuse, e.g. for any unauthorized in-app purchases by third parties with your password and the resulting claims, in accordance with the statutory provisions.

(1.4) Vegan Cheffrey GmbH reserves the right to amend these GTC with effect for the future in accordance with the following procedure: For this purpose, Vegan Cheffrey GmbH will notify you in advance of the intended changes by e-mail or by other suitable means of amending the contract, such as in particular online procedures (e.g. via overlays with a consent requirement within the app) and inform you of your right of objection with a notice period of one month. The changes shall be deemed to have been accepted if you do not object within one month of the notification of change.

2. services, object and rights, advertising, conduct

(2.1) Basic services of Vegan Cheffrey GmbH:

Vegan Cheffrey GmbH provides you with recipes, shopping lists and illustrated cooking instructions via the VeganCheffrey app. In addition, Vegan Cheffrey GmbH may provide you with your own personal area where you can sort your collected recipes, share shopping lists with friends and plan your cooking activities for each week with a weekly plan.

The scope of the provision of recipes and the usage options depend on the type of account you have chosen. You can choose between account-free use (see 2.3), a free account (see 2.3), a free trial subscription (see 3.2) and a paid subscription (see 3.1).

(2.2) Services of Vegan Cheffrey GmbH Freemium (account-free use):

The VeganCheffrey app is installed free of charge. The VeganCheffrey app offers you recipes that you can select and cook.

(2.3) Additional services of Vegan Cheffrey GmbH after registration of a free account:

After your registration, which is also free (free account), you can save as many VeganCheffrey recipes in the VeganCheffrey app as you like - the only limit is the absolute number of recipes made available via the VeganCheffrey app.

You can also use other free functions of the VeganCheffrey app, e.g. weekly plan, shopping list and search. Creating a free account does not oblige you to take out a paid subscription.

(2.4) Additional services of Vegan Cheffrey GmbH after registration of a chargeable account:

In order to take advantage of the full scope of the services of the VeganCheffrey app, it is necessary to register with Vegan Cheffrey GmbH using the VeganCheffrey app. Persons aged 16 and over are entitled to register. If you are not 16 years old, the consent of your parents is required in accordance with Art. 8 para. 1 sentence 2 GDPR. We are entitled to make the use of the services of Vegan Cheffrey GmbH via the VeganCheffrey app dependent on suitable proof of your identity, your age of majority or the consent of your legal representative; in particular, Vegan Cheffrey GmbH may demand suitable proof at any time and exclude you temporarily or permanently from using the VeganCheffrey app.

(2.5) You register for a paid account for the VeganCheffrey App by entering your first name, surname, e-mail address and a password of your choice. Vegan Cheffrey GmbH will decide on your application for a paid account at its own discretion and will send you a confirmation of your registration by e-mail if it is accepted. The confirmation contains a link with which you must confirm your e-mail address in order to complete the registration. As a voluntary service, Vegan Cheffrey GmbH may also provide the option of integrating and enabling registration via Facebook Connect, Google or Apple. In this case, Vegan Cheffrey GmbH is free to also send the declaration of acceptance via the electronic means of communication provided on these platforms.

(2.6) The VeganCheffrey app is not an online store. It dynamically links to third-party online stores and their third-party offers that may match the respective recipes. All information presented via the VeganCheffrey App serves merely as a non-binding suggestion for the shopping process at the relevant supermarkets and are not offers in the legal sense. No contracts for the purchase of the products presented are concluded via the VeganCheffrey app; whether this is the case with the linked third-party websites is beyond the control of Vegan Cheffrey GmbH.

(2.7) In particular, Vegan Cheffrey GmbH assumes no liability and gives no guarantee that the products shown on the websites and apps of third parties (in particular supermarkets) linked to the VeganCheffrey app are available from the third parties (in particular in the corresponding supermarkets) and/or can be purchased at the conditions stated by the third parties on the linked websites and apps. We agree and you acknowledge that Vegan Cheffrey GmbH cannot influence the respective offers of the third parties. The responsibility for the product range and pricing lies solely with the respective third party who is the supplier of the product in question. If you intend to make a purchase, you yourself are obliged to check all information essential for the conclusion of the contract and its topicality and to contact the respective third party with the corresponding (purchase) offer and, if necessary, to conclude corresponding contracts. In particular, Vegan Cheffrey GmbH assumes no liability and provides no guarantee that the information and data provided on the websites and apps of third parties linked to the VeganCheffrey app are correct.

(2.8) The rights to the VeganCheffrey app and to the content displayed in the app, in particular the recipes of Vegan Cheffrey GmbH, are and remain with Vegan Cheffrey GmbH; as far as the rights of third parties are concerned (in particular offers of third parties linked to the VeganCheffrey app), they remain with the respective third parties. You are only granted the right to make the uses necessary for the VeganCheffrey app (i.e. in particular calling up the app, cooking); this right applies worldwide, is not assignable and cannot be sublicensed.

All property rights of Vegan Cheffrey GmbH, in particular our trade names (companies), logos, domain names and other special features of Vegan Cheffrey GmbH are the sole property of Vegan Cheffrey GmbH. You are not granted any right to use the VeganCheffrey trademarks, our trade names, logos, domain names or other VeganCheffrey brand features, whether for commercial or non-commercial purposes.

(2.9) On the VeganCheffrey platforms, Vegan Cheffrey GmbH is permitted to display advertising information to you.

(2.10) Vegan Cheffrey GmbH may, at its own discretion, also grant you the opportunity to publish your own comments and contributions on the VeganCheffrey website. Any intentional or knowing use that is likely to harm the interests of Vegan Cheffrey GmbH or its public reputation, impair the security of the IT system or violate applicable legal provisions is not permitted. This applies in particular to

• Posting or disseminating content that violates personal rights, copyright or criminal law;
• the posting or dissemination of insulting, defamatory, anti-constitutional, racist, sexist, violence-glorifying or pornographic statements or images and/or
• posting, linking or otherwise introducing malware (in particular virus programs).

3. framework regulations for paid subscriptions and free trial subscriptions

(3.1) Conclusion of the contract for a paid subscription

To use the comprehensive services of the VeganCheffrey app, additional service packages are available to you after your registration in the form of paid subscriptions ("subscription accesses"). These can be taken out for different, possibly changing terms, which will be displayed in the order options.

The subscription accesses of the VeganCheffrey app are fee-based subscriptions that allow you to access additional content and functions via the mobile applications of Vegan Cheffrey GmbH. Access to the respective services is valid as long as the subscription is active.

You conclude the contract for a paid subscription through an in-app purchase via our iOS or Android apps. In this case, the contractual terms and conditions displayed there by Google, Apple or Digistore apply in addition (in particular also to the individual booking steps)

(3.2) Trial subscriptions/test phases/conversion to paid subscriptions

Occasionally, Vegan Cheffrey GmbH invites new users in particular to use subscription access for test purposes (so-called "trial subscription") for a certain period of time free of charge (so-called "invitatio ad offerendum"). With your declaration of participation, you submit an offer for this trial subscription. Vegan Cheffrey GmbH shall determine at its own discretion whether, when and under what conditions you may receive and then take up the trial subscription. If there is an important reason, Vegan Cheffrey GmbH may discontinue or change such a free trial subscription at any time without prior notice or announcement. The following provisions apply in particular to trial subscriptions:

(3.2.1) You can only participate in some trial subscriptions if you have entered your payment details in the app stores (e.g. Apple App Store or Google Play Store) when registering for the trial subscription. In such a case, Vegan Cheffrey GmbH requires your consent at the beginning of the trial subscription for your free access to be converted into a paid subscription to a subscription access (Section 3.1.) after the trial subscription expires on the day following the end of the trial subscription. In this case, your subscription will be renewed on a recurring basis and can be canceled up to one day before the end of the respective subscription period (Section 7).

(3.2.2) If you do not wish to have the subscription access and the associated charges in a case pursuant to this Section 3.2, you must cancel the subscription access provided to you as part of the trial subscription before the end of the trial subscription. You can do this via the settings of the relevant app store.

(3.2.3) In general, we have no influence on refunds for subscriptions that are concluded as in-app purchases via the Apple App Store or the Google Play Store and therefore cannot guarantee a refund within 14 days.

(3.3) Subscription means in any case that the relevant contract is automatically renewed at the end of the respective subscription term for a further subscription term, unless you cancel your paid subscription at least 24 hours before the end of the term (Section 7).

4 Liability/warranty and exclusion of warranty

(4.1) Vegan Cheffrey GmbH shall only be liable for intent and gross negligence, cases of injury to life, body or health and in the case of mandatory statutory provisions for itself and all legal representatives, executives and vicarious agents under the user contract with the VeganCheffrey app users.

(4.2) In all other cases, the liability of Vegan Cheffrey GmbH is excluded.

(4.3) In the event of a breach of cardinal or essential contractual obligations, the obligation to pay compensation shall be limited to the foreseeable damage.

(4.4) Vegan Cheffrey GmbH provides the VeganCheffrey App in the form and with the functions that are currently available. There is no entitlement to the provision or maintenance of certain functions. No guarantee is given with regard to the availability of the system. It may be temporarily restricted in whole or in part, e.g. with regard to individual functions, due to maintenance work or for other reasons ("limited availability"). Liability for the consequences of limited availability - of whatever nature and for whatever reason - is excluded.

(4.5) Vegan Cheffrey GmbH is not liable for the completeness, accuracy or availability of the data entered or provided by third parties.

(4.6) The respective subject matter of the contract for purchase transactions is sold in its condition existing at the time of conclusion of the contract. All your rights due to obvious or hidden material defects are excluded. This also applies to all claims for damages, unless Vegan Cheffrey GmbH acts willfully. The statutory provisions apply to material defects that arise between the conclusion of the contract and the transfer of risk.

(4.7) Die Gesellschaft ermöglicht es Dritten selbst Rezepte inklusive Bilder in der App zu veröffentlichen. Die Gesellschaft wird die gebotene Sorgfalt einhalten, um Rechtsverletzungen, insbesondere üble Nachrede, Verletzung des höchstpersönlichen Lebensbereichs und Urheberrechtsverletzungen zu unterbinden. Die Gesellschaft kann allerdings keine Haftung oder Gewähr jeglicher Art für die in der App von Dritten veröffentlichten Rezepte, mit den Rezepten zusammen veröffentlichten Bilder sowie Kommentaren übernehmen. Verantwortlich für diese Inhalte sind ausschließlich diejenigen Dritten, die diese in der App veröffentlicht haben und nicht die Gesellschaft als Betreiber*in der App und die Vegan Cheffrey Gmbh ist in diesem Zusammenhang schad- und klaglos zu halten.

5. Rights of use and obligations of customers

(5.1) With the publication of opinions, ratings and text or image contributions or recipes (including image material) within the app, theauthorgrants the company the non-exclusive, transferable and spatially and temporally unlimited comprehensive right of use (including editing rights) to the published text or image contribution together with the submitted rating, to reproduce it, to reproduce it on the Vegan Cheffrey website, within the app and in other media and waives the right to be named as the author. This also applies in particular to photos published by the customer or cooperation partners that depict him or her, such as profile pictures. The company expressly distances itself from the opinions of third parties presented on the website and accepts no responsibility for them. The transmission of contributions with infringing or offensive content or abusive criticism is not permitted.

(5.2) In the event of other liability, theCustomermust ensure that thecontent publishedby iton the website or within the app is free from third-party copyrights. TheCustomerundertakes tofully indemnify and holdthe Companyharmless inall cases against any third-party claims in connection with published content thatis basedin itsarea of responsibility. This applies in particular in the event that the Company is held liable under civil or criminal law, in court or out of court, in particular by private prosecution for insult, defamation, damage to credit under the Criminal Code or by proceedings under the Media Act, the Copyright Act and other intellectual property rights, the Unfair Competition Act (UWG) or for defamation and/or damage to credit under civil law (Section 1330 of the Austrian Civil Code) due to content published bythe Customer.

(5.3) The Company has the right, but is not obliged, to defend against unlawful interference with rights of use transferred to it in its own name or to assert any resulting claims in court. TheClientshall support the Company to the best of its ability in the event of defense by the Company. TheCustomershall notify the Company immediately of any third-party claims brought against it.

(5.4) Customers may only use their accounts for purposes in accordance with these GTC and the information on the website or within the app. Entering inaccurate personal data in accounts or in the context of orders is not permitted. The same applies to the misuse of means of payment, in particular the unlawful use of third-party bank details or credit card numbers or the unlawful reversal of payments for orders.

(5.5) In the event of significant culpable violations of obligations by customers against these GTC, Vegan Cheffrey is entitled to block the associated account with immediate effect. The assertion of other claims or legal remedies by Vegan Cheffrey remains unaffected.

6. revocation instruction

If you are a consumer (defined as a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity), you have a statutory right of withdrawal when concluding a distance contract, about which Vegan Cheffrey GmbH informs you below in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, e.g. Apple App Store , Google Play Store . A sample withdrawal form can be found in section 5.

- START OF REVOCATION INSTRUCTION -

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must send us

Vegan Cheffrey GmbH

Hubstrasse 22

8102 Semriach

Austria

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

- END OF THE REVOCATION INSTRUCTION -

Vegan Cheffrey GmbH provides the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

- To:

Vegan Cheffrey GmbH

Hubstrasse 22

8102 Semriach

Austria

E-mail: support@vegan-cheffrey.com

- I (*) hereby revoke the contract concluded by me (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer

- Address of the consumer

- Signature of the consumer (only for notification on paper)

- Date

(*) Delete as appropriate.

7. remuneration and payment modalities, offsetting and right of retention

Subscriptions can only be taken out via the channels chosen by Vegan Cheffrey GmbH, currently Digistore24, iOS or Android apps. Payment is made via Digistore24 or the Apple or Google in-app purchase process.

As part of a subscription access, your payment obligation to Vegan Cheffrey GmbH is automatically extended at the end of the respective subscription term, unless you cancel your paid subscription at least 24 hours before the end of the term (Section 7).

You are not entitled to offset against the claims of Vegan Cheffrey GmbH unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against the claims of Vegan Cheffrey GmbH if you assert notices of defects or counterclaims arising from the same contract.

You may only exercise a right of retention if your counterclaim arises from the same contract.

8 Term and termination

(8.1) The free user contract shall run for an indefinite period from the time of download in accordance with these Terms of Use. You can terminate the free user contract at any time. To do so, you can delete your account via our mobile apps under the menu item "Settings".

(8.2) The paid subscription for the subscription access (see Section 3.) runs for at least the term originally selected by you and is automatically extended if it is not canceled at least 24 hours before the end of this period. The subscription term is extended in accordance with the subscription model previously used. You can cancel your subscription in your smartphone under the iTunes / App Store or Google Play settings.

Cancellation of the subscription access will take effect on the day after the last day of your current subscription period and you will be downgraded to the free user contract (free account). If you want to delete your account completely, you can do this via the settings in the iOS or Android apps. All data will then be irrevocably deleted. However, deleting your account in the app settings alone does not cancel your subscription access; this must be done in the smartphone settings.

(8.3) The right to block and terminate for good cause remains unaffected by the above provisions. Good cause is in particular (a.) a breach by you of the obligations under Section 2.21. and/or (b.) if you allow unauthorized third parties access to the VeganCheffrey App.

9. out-of-court dispute resolution

The European Union has set up an online dispute resolution platform ("ODR platform") for the out-of-court settlement of consumer disputes, which can be accessed via the link http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. In accordance with § 36 VSBG, Incibit points out that Vegan Cheffrey is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. final provisions

(10.1) These GTC and the use of the Services shall be governed by applicable law with the exception of its conflict of law provisions. The courts in Berlin shall have exclusive jurisdiction for disputes arising from or in connection with the use of the Services and/or these GTC if both parties are merchants or have no permanent residence in Austria, have relocated their residence or habitual abode abroad after these GTC come into effect or if their residence or habitual abode is unknown at the time the action is filed.

(10.2) If the member is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Graz shall be the exclusive place of jurisdiction for all disputes arising from the contract of use and these GTC.