These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of the Cookler Note-Taking App (the "App") operated by Cookler SAS ("Cookler", "we", "our", or "us"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
By creating an account, downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Cookler SAS. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Subject to your compliance with these Terms, Cookler grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:
You agree to provide accurate, current, and complete information during registration and to update it as necessary.
5.3 Pricing Variability Prices are displayed in your local currency at the time of purchase. The actual amount charged may vary based on:
each month unless cancelled before the renewal date. By subscribing, you authorize:
You agree NOT to use the App to:
10.1 Prohibited Activities
- Violate laws: Engage in any activity that violates local, national, or international laws
- Infringe rights: Upload content that infringes on intellectual property, privacy, or other rights of third parties
- Harmful content: Upload, store, or share content that is:
- Illegal, obscene, defamatory, or threatening
- Hateful, racist, or discriminatory
- Sexually explicit involving minors
- Promoting violence, terrorism, or illegal activities
- Misuse features: Attempt to circumvent usage limits, security measures, or subscription tiers
- Automated access: Use bots, scrapers, or automated tools to access the App
- Reverse engineering: Decompile, disassemble, or reverse engineer the App
- Interfere with service: Disrupt, damage, or impair the App's functionality or servers
- Impersonate: Impersonate another person or entity
- Share accounts: Share your account credentials with others
10.2 Consequences of Violation If you violate this Acceptable Use Policy, Cookler may:
- Issue a warning
- Temporarily suspend your account
- Permanently terminate your account and access to the App
- Remove violating content
- Report illegal activities to law enforcement
- Take legal action to recover damages
11. Third-Party Services and Integrations The App relies on third-party services to provide functionality. Your use of these services is subject to their respective terms and policies:
Cookler is not responsible for:
- Availability, performance, or reliability of third-party services
- Changes to third-party services or their terms
- Data handling practices of third-party services (see our Privacy Policy)
- Disputes between you and third-party providers
12. Apple App Store Terms (iOS Users Only)
If you download the App from the Apple App Store, the following additional terms apply to your use of the App. These terms are required by Apple and supplement the rest of these Terms and Conditions.
12.1 Acknowledgement
You acknowledge and agree that:
• These Terms are concluded between you and Cookler SAS only, and not with Apple Inc.
• Cookler SAS, not Apple, is solely responsible for the App and its content
• These Terms do not conflict with the Apple Media Services Terms and Conditions
12.2 Scope of License
The license granted in Section 3 is further limited as follows for iOS users:
• You may use the App only on Apple-branded products that you own or control
• You may use the App as permitted by the Usage Rules in the Apple Media Services Terms and Conditions
• The App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing
12.3 Maintenance and Support
You acknowledge and agree that:
• Cookler SAS is solely responsible for providing maintenance and support services for the App
• Apple has no obligation whatsoever to furnish any maintenance or support services for the App
12.4 Warranty and Refunds
You acknowledge and agree that:
• Cookler SAS, not Apple, is solely responsible for any product warranties (whether express or implied)
• In the event the App fails to conform to any applicable warranty:
◦ You may notify Apple, and Apple will refund the purchase price (if any) to you
◦ To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App
• Any other claims, losses, liabilities, damages, costs, or expenses related to warranty failures are the sole responsibility of Cookler SAS
12.5 Product Claims
You acknowledge and agree that Cookler SAS, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your use of the App, including but not limited to:
• Product liability claims
• Any claim that the App fails to conform to applicable legal or regulatory requirements
• Claims arising under consumer protection, privacy, or similar legislation, including claims related to the App's use of HealthKit, HomeKit, or other Apple frameworks (if applicable)
12.6 Intellectual Property Claims
You acknowledge and agree that:
• In the event of any third-party claim that the App infringes that third party's intellectual property rights, Cookler SAS, not Apple, will be solely responsible for:
◦ Investigation of the claim
◦ Defense against the claim
◦ Settlement of the claim
◦ Discharge of the claim
12.7 Legal Compliance (U.S. Export Restrictions)
By using the App downloaded from the Apple App Store, you represent and warrant that:
• You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
• You are not listed on any U.S. Government list of prohibited or restricted parties, including:
◦ The Treasury Department's List of Specially Designated Nationals
◦ The U.S. Department of Commerce Denied Persons List or Entity List
12.8 Third-Party Terms of Agreement
When using the App, you must comply with applicable third-party terms of agreement, including but not limited to:
• Your wireless data service agreement with your mobile carrier
• Any applicable Apple agreements or policies
• Any agreements with third-party services you use in connection with the App (e.g., cloud storage, social media)
For example, if you use the App over a cellular data connection, you must not be in violation of your wireless data service agreement.
12.9 Third-Party Beneficiary
You acknowledge and agree that:
• Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions
• Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary
12.10 Apple Contact Information
If you have questions or issues specifically related to the Apple App Store or in-app purchases processed by Apple, you may contact:
• Apple Support: https://support.apple.com/apps
• App Store Refunds: https://reportaproblem.apple.com/
For all other questions, issues, or support related to the App itself, contact Cookler SAS at
[email protected].
13. Service Availability and Modifications
13.1 Availability
Cookler strives to provide continuous access to the App, but we do not guarantee:
• Uninterrupted availability – the App may experience downtime for maintenance, updates, or technical issues
• Error-free operation – bugs or errors may occur
• Compatibility – the App may not work on all devices or operating system versions
13.2 Maintenance and Updates
• We may perform scheduled or emergency maintenance at any time
• We will attempt to notify users in advance of scheduled downtime
• You may be required to update the App to continue using it
• Outdated versions may lose access to certain features or the service entirely
13.3 Modifications to the Service
Cookler reserves the right to:
• Modify, suspend, or discontinue the App (or any part thereof) at any time
• Add, change, or remove features
• Change subscription plans, pricing, or usage limits (with advance notice)
• Discontinue support for older devices or operating systems
We will provide reasonable notice for significant changes, but we are not liable for any modifications or discontinuations.
14. Account Termination
14.1 Termination by You
You may terminate your account at any time by:
• Navigating to Profile → Delete Account in the App
Upon account deletion:
• Your access to the App will be immediately revoked
• Your personal data will be deleted within 30 days (subject to legal retention requirements)
• Any active paid subscription will NOT be cancelled automatically. You will have to cancel your paid subscription manually from the App Store or Play Store (no refund for remaining period unless required by law)
• Deletion is permanent and irreversible
14.2 Termination by Cookler
Cookler may suspend or terminate your account immediately, without prior notice, if:
• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent activity or payment disputes
• You create multiple accounts to circumvent limitations
• Your account remains inactive for an extended period (12+ months)
• We are required to do so by law or legal process
• Continuing to provide service poses a security or legal risk
14.3 Effect of Termination
Upon termination of your account:
• All licenses granted to you under these Terms immediately cease
• You must stop using the App
• Cookler may delete your content and data
• Sections of these Terms that by their nature should survive (e.g., limitations of liability, indemnification) will continue to apply
• No refunds will be provided except as required by law
15. Disclaimers and Warranties
15.1 "AS IS" and "AS AVAILABLE"
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• Merchantability – fitness for a particular purpose
• Non-infringement – that the App does not violate third-party rights
• Accuracy – that AI transcriptions, generated content, or other outputs are accurate or reliable
• Availability – that the App will be uninterrupted, secure, or error-free
• Data security – that data will not be lost, corrupted, or accessed by unauthorized parties
15.2 AI-Generated Content Disclaimer
• AI transcriptions and generated notes may contain errors, inaccuracies, or omissions
• You are solely responsible for reviewing and verifying all AI-generated content before relying on it
• Cookler is not liable for decisions made based on AI-generated content
• AI models may have limitations based on audio quality, language, accents, technical jargon, or other factors
15.3 Third-Party Services
Cookler makes no warranties regarding third-party services (Google Play, Apple, Firebase, Gemini AI, Algolia, RevenueCat) and is not responsible for their performance, availability, or data practices.
Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights under local law.
16. Limitation of Liability
16.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOKLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss or corruption of content (notes, audio files, video files, transcriptions)
• Service interruptions or unavailability
• Errors in AI transcriptions or generated content
• Unauthorized access to your account due to your failure to secure credentials
• Actions or omissions of third-party services
This applies even if Cookler has been advised of the possibility of such damages.
16.2 Cap on Liability
COOKLER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED:
• The amount you paid to Cookler in the 12 months preceding the claim, OR
• $60.00 US (one hundred US dollars), whichever is greater
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Cookler's liability will be limited to the fullest extent permitted by law.
These limitations do not apply to:
• Liability for death or personal injury caused by Cookler's negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by law
17. Indemnification
You agree to indemnify, defend, and hold harmless Cookler SAS, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
• Your use or misuse of the App
• Your violation of these Terms or any applicable law
• Your violation of any rights of another person or entity
• Content you upload, store, or share through the App
• Your breach of the Acceptable Use Policy
• Disputes between you and other users
Cookler reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with Cookler in asserting any available defenses.
18. Governing Law and Dispute Resolution
18.1 Governing Law
These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.
18.2 Jurisdiction
Any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Paris, France.
18.3 Exceptions for Consumer Rights
If you are a consumer residing in the European Union, Middle East, or another jurisdiction with mandatory consumer protection laws:
• You may bring claims in your country of residence if local law permits
• Nothing in these Terms affects your statutory rights as a consumer
• Mandatory consumer protection laws may override certain provisions of these Terms
18.4 Dispute Resolution Process
Before initiating formal legal proceedings, we encourage you to:
2. Provide a detailed description of the dispute
3. Allow Cookler 30 days to investigate and respond
17.5 EU Online Dispute Resolution
If you are a consumer in the European Union, you may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
19. Modifications to These Terms
Cookler reserves the right to modify these Terms at any time. When we make changes:
• We will update the "Effective Date" at the top of this document
• We will notify you via:
◦ In-app notification
◦ Email to your registered email address (for material changes)
• Notification will be provided at least 30 days in advance for material changes affecting subscriptions or pricing
Your Options:
• Accept: Continue using the App after the effective date = you accept the new Terms
• Reject: If you do not agree to the new Terms, you must stop using the App and may request account deletion
Your continued use of the App after the effective date constitutes acceptance of the modified Terms.
20. General Provisions
20.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cookler regarding the App and supersede all prior agreements or understandings.
20.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable:
• That provision will be limited or eliminated to the minimum extent necessary
• The remaining provisions will remain in full force and effect
Cookler's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• You may not assign or transfer these Terms or your account without Cookler's prior written consent
• Cookler may assign these Terms to any affiliate or successor without restriction
Cookler is not liable for any failure to perform due to circumstances beyond our reasonable control, including:
• Natural disasters, war, terrorism, or pandemics
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Third-party service outages (Google, Apple, Firebase, etc.)
These Terms are provided in English. Translated versions may be provided for convenience, but in the event of any conflict, the English version prevails.
You agree to comply with all applicable export and import laws and regulations in your use of the App.
21. Regional-Specific Terms
21.1 European Union Users
• You have the right to withdraw from subscription purchases within 14 days without giving a reason, subject to Google Play or Apple policies
• Distance selling regulations apply to online purchases
• VAT is charged according to your country's applicable rate
• Consumer protection laws of your EU member state apply
21.2 Middle East Users
• Prices displayed in local currency (e.g., AED, SAR, QAR) are approximate and subject to exchange rate fluctuations
• Local taxes and fees may apply as required by law
• Refund policies comply with platform requirements and local consumer protection regulations
21.3 Additional Consumer Rights
Nothing in these Terms limits any statutory consumer rights you may have under mandatory local law, including rights to:
• Services of acceptable quality
• Redress for defective digital content
• Protection against unfair contract terms
• Refunds or repairs where applicable
22. Contact Information
If you have questions about these Terms or need support, please contact us:
Company: Cookler SAS
SIREN: 913671707 – TVA: FR94913671707
Address: 4 Passage Germinal 93200 Saint Denis, FRANCE
