Terms of Service

1. Introduction and Acceptance

Welcome to Loafly Day. These Terms of Service (the “Terms”) form a binding agreement between you and the operator of Loafly Day in relation to your use of the Loafly Day website, applications and related services (together, the “Service”).

Loafly Day is operated by Arne Tempelhof, Luxembourg (“we”, “us” or “the operator”). Our full contact and identification details are set out in our Imprint.

By creating an account, or by otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service. We ask you to confirm your acceptance of these Terms when you register.

2. Definitions

“Content” means any recipe, formula, text, image, comment, rating or other material. “User Content” means Content you submit. “Premium Features” means paid features offered within the Service. “Consumer” means a natural person acting outside their trade, business, craft or profession.

3. Eligibility and Age Requirements

The Service is not directed at young children. You must be at least 16 years old to create an account and use the Service. Where the law of your country of residence sets a lower age at which a minor may consent to the processing of their personal data, you must be at least that age.

If you are below the age at which you can give valid consent to the processing of your personal data in your country, you may only use the Service with the prior consent of a parent or legal guardian, who must agree to these Terms on your behalf. We may suspend or close accounts where we reasonably believe this requirement is not met.

4. Your Account

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You agree to provide accurate, current and complete information when you register and to keep it up to date.

Notify us promptly at info@loaflyday.com if you believe your account has been accessed without authorisation. We are not liable for losses caused by someone else using your account where this results from your failure to keep your credentials secure, except to the extent the loss is caused by us.

5. Your Content and the Licence You Grant

You retain all ownership rights in your User Content. We do not claim ownership of the recipes, images, comments or other materials you post.

To operate and promote the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to host, store, reproduce, adapt (for example to resize images or format recipes), publish, display, distribute and communicate your User Content. This licence is limited to the purposes of providing, improving and promoting the Service, including on our social media channels. The licence ends when your User Content is removed from the Service, except that: (a) it continues for back-up copies for a reasonable period; and (b) it continues for User Content that others have shared, forked or saved before removal.

Loafly Day is a community where recipes can be rated, improved and “forked.” By posting a recipe you understand that other users may view it and may create adapted versions (forks) within the Service, and you grant other users a licence to do so through the Service’s features. Note that lists of ingredients are generally not protected by copyright; original written instructions, descriptions and photographs may be.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe the rights of any third party or breach any law. For how we handle personal data, see our Privacy Policy.

6. Acceptable Use

You agree not to:

• Post content that is illegal, infringing, defamatory, harmful, or that harasses, threatens or intimidates others;
• Upload content you do not have the right to share, or that infringes intellectual property, privacy or other rights;
• Use automated tools, bots or scrapers to access or collect data from the Service without our prior written permission;
• Attempt to gain unauthorised access to other accounts, systems or networks, or interfere with the proper working of the Service;
• Use the Service for any purpose that breaches applicable law or these Terms.

7. Reporting Content and Moderation

If you believe any Content on the Service is illegal or breaches these Terms, you can notify us at info@loaflyday.com. Please describe the Content, where it is located (for example a link) and why you consider it unlawful or in breach. We will review valid notices and take appropriate action.

Where we remove or restrict User Content, or suspend an account, we will, where required by applicable law (including the EU Digital Services Act), give the affected user a statement of the reasons and information about how to contest the decision. You may appeal a moderation decision by contacting us at the address above. We aim to apply our rules consistently and proportionately.

8. Recipes, Food Safety and No Professional Advice

Recipes and other Content on the Service are created by users and are made available for general, informational purposes. We do not create, test, verify or endorse user recipes, and we do not guarantee that any recipe, technique, fermentation time, quantity or baker’s-math calculation is accurate, safe or suitable for you.

You are responsible for using safe food-handling practices and for checking ingredients for allergens and for your own dietary, health, religious or other requirements. Content on the Service is not professional, medical, nutritional or food-safety advice. If you have a food allergy, intolerance or medical condition, consult a qualified professional. You use any recipe at your own risk.

9. Premium Features, Payments and Right of Withdrawal

We may offer optional Premium Features for a fee. Before you purchase, we will show you the price (including applicable taxes), what the Premium Feature includes, the billing period and, where the subscription renews automatically, the renewal terms and how to cancel.

Free trial: we may offer a free trial period of 7 days for a premium subscription. The free trial is available once per user. No payment is taken during the trial. When you start a trial, you enter into a subscription contract that automatically continues as a paid subscription at the end of the 7-day trial unless you cancel before the trial ends. We will tell you clearly and expressly, before you start the trial, that the subscription becomes chargeable after the trial, what the price will be, and how to cancel. You can cancel at any time during the trial through your account settings, and you will not be charged.

Subscriptions: where a Premium Feature is offered on a recurring basis, it renews automatically for further periods unless you cancel before the end of the current period. You can cancel at any time with effect from the end of the period you have paid for. We will give you reasonable advance notice of any change to recurring prices, and you may cancel before the change takes effect.

Right of withdrawal (EU consumers): if you are a Consumer in the EU, you have 14 days to withdraw from the subscription without giving a reason. This 14-day period starts when the subscription contract is concluded — that is, when you start the free trial — not when the trial ends or when the first payment is taken. Because the trial and the paid period form a single contract, this right of withdrawal applies once, provided we have informed you clearly and expressly at sign-up that the subscription becomes paid after the trial and of the total price. Where you ask us to begin providing the service during the 14-day period, we will ask you to expressly request immediate performance and to acknowledge that you lose your right of withdrawal once the service has been fully performed (or, for digital content supplied immediately, that performance has begun). To withdraw, contact us at info@loaflyday.com before the period ends; we will refund any eligible payments without undue delay.

Except for your statutory withdrawal and refund rights, and any other mandatory rights you have as a Consumer, payments for Premium Features are non-refundable. We may add, modify or remove Premium Features; if we materially reduce a paid feature you are using, we will offer you a pro-rata refund of the unused, prepaid portion where required by law.

10. Our Intellectual Property

The Service itself — including the Loafly Day name and logo, the software, the baker’s-math tools, the design and the layout — is owned by the operator or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. Nothing in these Terms transfers any of our intellectual-property rights to you.

11. Third-Party Services

The Service may rely on or link to third-party services (for example hosting, payment processing or social-media platforms). We are not responsible for third-party services, and your use of them may be subject to their own terms.

12. Privacy and Data Protection

We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Luxembourg law. Our Privacy Policy explains what we collect, how we use it, and the rights you have, including the rights to access, rectify, erase and port your data and to object to processing.

13. Disclaimers

The Service is provided “as is” and “as available.” To the extent permitted by law, we do not warrant that the Service will be uninterrupted, timely, secure or error-free, or that Content is accurate or reliable. This Section does not exclude or limit any warranty or right that cannot be excluded or limited under the law applicable to you, including mandatory rights you have as a Consumer.

14. Limitation of Liability

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, and any other liability that cannot be excluded or limited under applicable law (including mandatory Consumer-protection law and, where applicable, product-liability law).

Subject to the paragraph above, we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, data or goodwill, arising from your use of the Service. Subject to the paragraph above, our total aggregate liability arising out of or in connection with the Service is limited to the greater of (a) the total amount you paid us for Premium Features in the 12 months before the event giving rise to the liability, or (b) EUR 50.

If you are a Consumer, you keep the benefit of any mandatory legal rights and remedies that apply to you regardless of these limitations.

15. Indemnity

To the extent permitted by law, and where you are not acting as a Consumer, you agree to indemnify us against reasonable losses, damages and costs (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Service. This Section does not apply to the extent a loss is caused by us, and does not limit any mandatory Consumer rights.

16. Suspension and Termination

You may stop using the Service and close your account at any time. You may delete your User Content through the Service’s features, subject to the licence terms in Section 5.

We may suspend or terminate your access if you materially or repeatedly breach these Terms, if required by law, or to protect the Service or other users. Except where immediate action is needed (for example for illegal content or security reasons), we will give you reasonable notice and, where appropriate, an opportunity to remedy the breach.

If we terminate your account without cause, or you terminate because of our material breach, we will refund the unused, prepaid portion of any Premium Features. On termination, your right to use the Service ends; provisions that by their nature should survive (including Sections 5, 8, 10, 13, 14, 15 and 19) will continue to apply. We will handle your personal data after termination as described in the Privacy Policy.

17. Changes to the Service

We may change, suspend or discontinue all or part of the Service. Where a change is significant and adversely affects you, we will give reasonable notice where practicable. We will not remove core functionality you have paid for during a paid period without offering a remedy as described in Section 9.

18. Changes to These Terms

We may update these Terms from time to time. For minor changes we will update the “Last updated” date. For changes that materially affect your rights or obligations, we will give you reasonable advance notice (for example by email or an in-Service notice) before they take effect. If you do not agree to the updated Terms, you may close your account before they take effect; your continued use after the effective date means you accept the updated Terms, to the extent permitted by law.

19. Governing Law and Jurisdiction

These Terms and any dispute arising out of them are governed by the laws of the Grand Duchy of Luxembourg, without prejudice to mandatory provisions of the law of your country of residence. The courts of Luxembourg have jurisdiction, except that, if you are a Consumer, you may also bring proceedings in the courts of your country of residence and benefit from any mandatory Consumer-protection rules that apply there.

20. Consumer Dispute Resolution

If you are a Consumer and have a complaint we have not resolved, you may use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to and do not participate in alternative dispute-resolution proceedings before a consumer arbitration board.

21. General

These Terms, together with the Privacy Policy and Imprint, are the entire agreement between you and us regarding the Service. If any provision is found invalid or unenforceable, the rest remains in effect and the invalid provision will be replaced by a valid one that comes closest to its intended effect. Our failure to enforce a right is not a waiver of it. You may not transfer your rights or obligations under these Terms without our consent; we may transfer ours to an affiliate or successor, provided your rights are not reduced. We are not liable for failure or delay caused by events beyond our reasonable control.