Terms of use and sale

Section 1: Identification, legal framework and preliminary responsibilities

1.1 Publisher

In accordance with Articles 6(I) and 6(II) of the LCEN (French Law on Confidence in the Digital Economy):

• Company name: MIFELIA, SASU (single-shareholder simplified joint-stock company)
• SIRET: 10268028700012, SIREN: 102680287
• Registered office: 17 rue Saint-Jean, 54000 Nancy, France
• Telephone: +33 3 72 47 25 99
• Email: contact@briomel.com
• Publication director: MIFELIA

1.2 Hosting

The Service is hosted by Google Cloud Platform (Firebase), Google Cloud Division. The core infrastructure (accounts, database) is located in the European Union. The storage of the photos you add (recipe photo, imported photo) is located in the United States. Hosting terms: cloud.google.com/terms.

Certain occasional processing operations rely on services located outside the European Union: the production of recipes and the execution of the server functions that process your requests (Google Cloud, United States). The details of these transfers and the applicable safeguards are set out in section 4.6.

1.3 Data Protection Officer

In accordance with Article 37 of the GDPR, the Publisher has appointed a data protection officer ("DPO"):

• Capacity: MIFELIA
• Email: privacy@briomel.com
• Postal address: 17 rue Saint-Jean, 54000 Nancy, France

The DPO monitors the compliance of personal data processing with the GDPR, receives and handles requests to exercise your rights (section 4.8) and acts as the point of contact with the CNIL (the French data protection authority).

1.4 Governing law and jurisdiction

These terms are governed by French law, in particular the Civil Code, the Consumer Code, the LCEN and the GDPR.

Any dispute falls within the jurisdiction of the courts of the district of the Publisher's registered office, without prejudice to the right of a consumer user residing in the European Union to bring proceedings before the courts of their place of residence.

1.5 Consumer mediation

In accordance with Article L. 611-1 of the Consumer Code, any consumer user may have recourse, free of charge and before any legal proceedings, to a consumer mediator, after having sent the Publisher a written complaint that remained unresolved after 30 days.

Designated consumer mediator: being appointed; their contact details will be published here as soon as they are appointed.

You may also refer the matter to the European online dispute resolution platform.

Section 2: Purpose, account and operation of the service

2.1 Purpose

These terms govern the use of the Briomel mobile application and associated services (hereinafter "the Service"), published by the Publisher. Creating an account constitutes unreserved acceptance of these terms; if you do not accept them, do not use the Service.

2.2 Description of the service

Briomel lets you create, organize and share recipes within a household: creation of recipes adapted to the household's profiles, import of existing recipes, meal planning, shopping lists, inventory of pantry and fridge, hands-free cooking mode.

The Service evolves: features may be added, modified or removed. The Publisher endeavors to inform users of significant changes.

2.3 Definitions

• Household: a shared space bringing together several users and the profiles of the people who eat there (preferences, allergens, diets).
• Member profile: a record describing a person in the household, created by a user of the household.
• Created recipe: a recipe produced by the Service from your instructions, using automated text-generation systems.
• Imported recipe: a recipe coming from an outside source (link, photo, typed text) that you introduce into the Service.
• Creation: any action triggering the production of a recipe by the Service.

2.4 Eligibility and minimum age

The Service is accessible under the age conditions set by the app stores (App Store and Google Play). It has no age-verification mechanism of its own: access control for minors relies on the parental control features of these stores, which it is up to parents or guardians to activate. Under 15, the digital consent threshold set by French law, creating an account requires the prior consent of the holder of parental authority, who retains a right of access, rectification and erasure of the minor's data (section 4.10).

2.5 Account creation and security

You are responsible for the confidentiality of your credentials and for the actions carried out from your account. An account is personal and may not be transferred. You undertake to notify the Publisher immediately of any suspected unauthorized access, via contact@briomel.com.

You warrant the accuracy of the information provided, in particular that used to adapt recipes.

2.6 Account deletion

You can delete your account at any time from the application (Profile > Delete my account), after confirming your password. You are logged out immediately and access to your account is removed: this action is irreversible and cannot be undone by logging back in. The associated personal data is erased within 14 days, under the conditions described in section 4.7. If you no longer have access to the application, you may send your request from the deletion request page. Recipes already published in the public selection, which carry no mention of your identity, may be kept in anonymous form (section 3.4).

The Publisher may suspend an account in the event of a breach of these terms, after informing the user except in cases of urgency or legal obligation.

2.7 The household and member profiles

By joining a household, you accept that the other members have access to the household's recipes, meal plans, shopping lists and profiles.

By creating the profile of another person (spouse, child, guest), you declare that you are entitled to enter the information concerning them, including their allergies, and that you have informed them of its recording in the Service.

Section 3: Recipes, allergies and content of the service

3.1 Recipes produced by automated systems

Created recipes are produced automatically from your instructions. They are neither written, nor reviewed, nor tested by a cook before being offered to you. Consequently, the Publisher does not guarantee:

• the accuracy of quantities, temperatures or cooking times;
• the success or taste of the result;
• the accuracy of any nutritional information;
• the suitability of a recipe for a particular medical situation.

You remain the sole judge of what you cook and eat, and you must check any information that seems doubtful to you.

3.2 Allergies, intolerances and food safety

The Publisher cannot be held liable for the consequences of an allergic reaction or a food intolerance occurring in connection with the use of a recipe. This limitation does not, however, prevent the Publisher from being held liable in the event of bodily injury resulting from a breach directly attributable to it (section 6.4).

The allergy information you enter is health data within the meaning of Article 9 of the GDPR: its processing is based on your explicit consent and is described in section 4.3.

3.3 Imported recipes

You warrant that you have the right to introduce into the Service the content you import (link, photo, typed text), and you indemnify the Publisher against any third-party claim in this respect. When a source can be identified, the Service displays it. An imported recipe remains usable within your household without restriction, but is never eligible for the publication described in section 3.4.

3.4 Publication of recipes outside the household

Certain recipes may be offered to other households or published on a publicly accessible website ("public selection").

Recipes concerned. Only recipes produced by the Service (section 3.1) are eligible. A recipe imported from an outside source is never published outside your household, whatever the degree of modification made.

License granted. For eligible recipes, you grant the Publisher a non-exclusive, free and worldwide license to use, reproduce, adapt and distribute their content, solely for the purposes of operating the Service, improving the quality of the recipes produced, and offering these recipes to other households or to the public.

Before publication. No publication is immediate: an eligible recipe is only examined after a period of at least 24 hours, then reviewed by the Publisher. A recipe archived during this period is never examined or published.

Visibility. The public selection is accessible to everyone without an account and may be indexed by search engines. Previews created by a sharing link (section 3.5) are not.

Anonymity and removal. A published recipe is published without any mention of your identity or that of your household, and without your personal photos. You may at any time request the removal of a published recipe; removal ends its distribution, without being able to undo copies that another household may already have saved, nor improvement processing already carried out.

3.5 Sharing a recipe by link

You can pass a recipe from your household to a third party of your choice by means of a link. This link gives access to a preview of the recipe (title, ingredients, steps) without revealing the identity of your household or its content beyond the shared recipe. The recipient, if they are a user of the Service, can add it to their own household, where it is then treated as a recipe imported by them (section 3.3).

You are solely responsible for choosing the recipients to whom you send such a link.

3.6 Moderation and reporting

Recipes offered to the public selection (section 3.4) are reviewed by the Publisher before publication. Users can give these recipes a rating from 1 to 5; no free-text comments are possible. Any content of the public selection that you consider unlawful or inappropriate can be reported to contact@briomel.com; the Publisher assesses its merits and may remove content that is manifestly contrary to these terms or to the law.

The Service includes neither messaging nor free text between users of different households. The only elements visible to other users are the ratings (aggregated, with no identity) attached to the public selection.

3.7 Your obligations

You undertake not to:

• use the Service for unlawful purposes, or introduce into it unlawful, hateful content or content that infringes the rights of others;
• circumvent usage limits, in particular through automated access to the Service;
• attempt to access the data of a household of which you are not a member;
• extract the content of the Service on a massive scale.

3.8 Intellectual property

The application, its brand, its interface and its graphic elements remain the property of the Publisher. The recipes produced for you may be used freely within your personal and family setting. The Publisher claims no rights over the content that you create yourself outside the Service.

Section 4: Protection of personal data (GDPR)

This section constitutes the privacy policy of the Service: it describes what data we process, why, with whom it is shared, how long it is kept and how to exercise your rights.

4.1 Data controller and Data Protection Officer

The data controller is the Publisher, whose identity appears in section 1.1. In accordance with Article 37 of the GDPR, MIFELIA also acts as data protection officer (section 1.3). Any question about your data, or the exercise of a right described in section 4.8, is addressed to the DPO: privacy@briomel.com.

4.2 Data we process

Account. Email address, password (stored in encrypted form by our authentication provider, never accessible in clear text), display name, profile photo if you add one, year of birth (optional), language, creation date, date of last activity, as well as the date you accepted these terms.

Household and member profiles. Name or first name of each person in the household, food tastes, disliked foods, allergens, diet (vegetarian, vegan, pescatarian), halal requirement, and planned presence at meals.

Content you create. Created or imported recipes, recipe groups, meal plans, shopping lists, inventory of pantry and fridge, reviews and ratings you give, declared kitchen equipment, and the photos you add (photo of an imported recipe, photos of your fridge or pantry).

Usage and technical data. Service usage statistics (number of creations, associated technical costs), invitation code, push notification token, application crash reports (Crashlytics), IP address and technical device identifier, type and version of the operating system, application version. This technical information is collected automatically by our infrastructure (Firebase) for security and reliability purposes.

Subscription. Once the subscription is available (section 5): your subscription status, plan taken, purchase platform and end-of-period date. We neither receive nor store any banking data: payments are processed by the App Store or Google Play.

4.3 Health data: your allergens

As stated in section 3.2, the Service's consideration of your allergens remains an aid and not a guarantee: always check the labels of the products you use.

4.4 Why we process this data

4.5 Who receives your data

We do not sell your data. We use technical service providers, each bound by a processing agreement compliant with Article 28 of the GDPR, which act only on our instructions:

Each of these providers is bound by a written contract guaranteeing: the confidentiality of the data processed, appropriate security measures, assistance in the event of a request to exercise your rights, and the deletion or return of the data at the end of the contract. You may request the full and up-to-date list of processors at privacy@briomel.com.

What is sent to the recipe production systems. To create a recipe, we transmit to the provider concerned: your request, the first names (or names) of the household members as you entered them, with their tastes, disliked foods, allergens and diets, the contents of your pantry and equipment and, if you use import or photo scan, the photo concerned (recipe, fridge, pantry). We do not transmit your email address, your account name, or any account identifier. Avoid entering, in member profiles, information that is not necessary for meals. These providers do not use this information to train their own models (setting disabled by contract where the provider offers it).

4.6 Transfers outside the European Union

The core infrastructure (accounts, database) is hosted in the European Union. Certain processing operations nevertheless take place in the United States: the storage of the photos you add, the production of recipes and the execution of the server functions that process your requests (Google Cloud) rely on services located outside the Union.

Transfers to the United States, concerning in particular Google Cloud Services (Vertex AI) and Anthropic Inc., are governed by:

• the standard contractual clauses published by the European Commission, in accordance with Article 46(2)(c) of the GDPR, in their version following the Schrems II ruling;
• the standard Data Processing Agreement of Google Cloud;
• processing terms compliant with Article 28 of the GDPR.

Mistral AI SAS, also used for the production of recipes, processes data within the European Union.

If you are concerned about a transfer of your data outside the EU, you may object by writing to the DPO; we will examine the request and, where possible, offer processing limited to providers located in the Union (at the price of a possible degradation of the service if the European provider is unavailable). The Publisher undertakes to update these safeguards in the event of changes in European case law on transfers outside the EU.

4.7 Retention periods

4.8 Your rights

In accordance with Articles 15 to 22 of the GDPR, you have the following rights. You exercise them by writing to the DPO (privacy@briomel.com), with a means of identifying yourself; we reply within one month, extendable by two months for a complex request.

Right of access. Obtain confirmation that your data is being processed and receive a copy of it.

Right to rectification. Have inaccurate or incomplete data corrected: most of it can be edited directly from the application (profile, household members).

Right to erasure. Request the deletion of your data when it is no longer necessary, when you withdraw your consent, or when the processing is unlawful. You can trigger this right directly from the application (section 2.6); legal exceptions (accounting obligations, defense of legal claims) may delay the erasure of some data.

Right to restriction of processing. Request the temporary suspension of processing, in particular if you contest the accuracy of data while it is being verified.

Right to data portability. Receive your data in a structured and commonly used format (for example JSON), for yourself or to pass it on to another service.

Right to object. Object, on grounds relating to your particular situation, to processing based on legitimate interest (section 4.4), in particular the publication of a recipe in the public selection (section 3.4) or, in the future, personalized advertising.

Right to lodge a complaint. Without prejudice to any other remedy, you may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 Place de Fontenoy, 75007 Paris, cnil.fr.

4.9 Security and data breaches

Communications are encrypted in transit (TLS). Access to data is partitioned by account and by household: the security rules of our database technically prevent a user from accessing the data of a household of which they are not a member. Sensitive operations are executed only on the server side, and additional measures against automated access are being put in place progressively.

No security system is completely infallible. In the event of a personal data breach presenting a risk to your rights and freedoms, in accordance with Article 33 of the GDPR, the Publisher notifies the CNIL within 72 hours of becoming aware of it, and informs you individually, in clear language, when the risk is high, specifying the nature of the breach, the data concerned and the measures taken.

4.10 Minors

In accordance with Article 8 of the GDPR and the digital consent threshold set at 15 by French law, under 15, creating an account requires the consent of the holder of parental authority (section 2.4).

A member profile may moreover concern a child of the household who does not have their own account: in this case, the person creating the profile undertakes to enter only the information necessary for meals, and to inform the holders of parental authority. They have at any time a right of access, rectification and erasure of the minor's data, exercised under the conditions of section 4.8.

4.11 Advertising and tracking

The Service displays advertising (section 5.2). Accordingly:

• on iOS, a system permission request ("App Tracking Transparency") will be presented to you before any cross-app advertising tracking; a refusal does not prevent use of the service;
• in the European Economic Area, the United Kingdom and Switzerland, a consent form compliant with the European framework (Google User Messaging Platform) lets you accept or refuse personalized advertising; until you have consented, only non-personalized ads are displayed;
• you can at any time limit advertising tracking in your device settings, or write to us at privacy@briomel.com to exercise your right to object (section 4.8).

Your allergens, diets and recipe content are never passed on to advertising networks.

4.12 Cookies and local storage

The mobile application does not use cookies in the traditional web sense. It does, however, keep locally on your device, outside any server: an authentication token, your display preferences, and a data cache to improve performance. The website uses equivalent storage limited to browsing needs; no third-party audience measurement tool is active on it at present.

Section 5: Terms of sale, advertising and subscription

5.1 Business model

The Service is free in its basic version. It is funded by advertising and by an optional paid subscription, "Briomel ad-free", according to the terms described below. The subscription is being made available for sale in the stores: as long as it is not offered in the application, only advertising applies. The price and conditions displayed in the application at the time of purchase always prevail over this section.

5.2 Rewarded video advertising

Advertising takes two forms: a banner displayed on a recipe page, and a video watched before the creation of a recipe. The first five creations of your household are free. Beyond that, a creation requires watching a video to the end beforehand, confirmed by the advertising provider to our servers. If the video cannot be displayed (no ad available, network down, ad blocker), the creation is not granted: a video or the subscription is required. The advertising requirement applies to the creation of a recipe, never to viewing a recipe already created. These thresholds may change, and the video requirement may be activated progressively.

The consent arrangements (advertising preferences, targeting) are described in section 4.11.

5.3 Paid subscriptions

The "Briomel ad-free" subscription removes all advertising (video before creation and banners) and in return grants a monthly volume of creations, capped under the conditions of section 5.5. For information, it is offered at EUR 1.99 per month or EUR 19.99 per year, with automatic renewal. These prices may change before the subscription is actually put on sale; the price and conditions presented in the application at the time of purchase always prevail.

The subscription is attached to an account. It ends at the end of the paid period if you cancel it with the App Store or Google Play (section 5.4).

5.4 Billing, renewal and withdrawal

Subscriptions are taken out via the App Store or Google Play, which handle billing, automatic renewal and cancellation according to their own terms. The right of withdrawal applicable to a digital purchase is that of the platform concerned; in accordance with Article L. 221-28 13° of the Consumer Code, this right may be deemed exercised or excluded as soon as performance of the digital service begins with your express agreement, according to the arrangements specific to each platform.

5.5 Usage cap

The Publisher may cap the number of creations, including for a subscribed account, in order to prevent abusive or automated use of the Service.

Section 6: Liability and limitations of liability

6.1 Availability and service provided "as is"

The Service is provided "as is". The Publisher does not guarantee uninterrupted availability and may suspend access for maintenance or technical reasons, nor the absence of errors, failures or incompatibility with a given device or network configuration.

6.2 Indemnification by the user

You undertake to indemnify and hold the Publisher harmless from any damage, claim or cost resulting from: a breach of these terms; an infringement of third-party rights through the content you introduce into the Service; or a non-compliant or fraudulent use of the Service.

6.3 Force majeure

The Publisher cannot be held liable for a failure or delay resulting from a force majeure event within the meaning of Articles 1218 and 1220 of the Civil Code, in particular: natural disaster, massive failure of a telecommunications infrastructure or hosting provider, cyberattack affecting a third-party provider, or any circumstance reasonably beyond the Publisher's control.

6.4 Limitation and caps on liability

The Publisher's liability can only be engaged in the event of direct and proven damage resulting from a breach attributable to it. Excluded in particular are damages resulting from an allergic reaction under the conditions of section 3.2, from non-compliant use, or from a failure of a third-party service on which the Service depends and which is beyond the Publisher's control.

This limitation does not apply: in the event of death or bodily injury resulting from a proven fault of the Publisher; in the event of fraud or intentional misconduct; nor where the law mandatorily prohibits such a limitation with regard to a consumer. Nothing in these terms limits the rights that the law mandatorily confers on consumers.

Section 7: Final provisions and compliance

7.1 Amendment of the terms

These terms, including the privacy policy that they incorporate (section 4), may be amended. Any substantial amendment is brought to your attention before it takes effect, with a reasonable period to read it, and your acceptance is requested again where the law requires it. Continued use of the Service after an amendment takes effect constitutes acceptance of it; if you refuse an amendment, you may delete your account (section 2.6) before it takes effect.

7.2 Severability and entire agreement

If a provision of these terms is held to be invalid or unenforceable, it is deemed unwritten without affecting the validity of the other provisions. These terms constitute the entire agreement between you and the Publisher relating to the use of the Service, and replace any prior agreement relating to the same subject matter.

7.3 Legislative compliance

The Service and the Publisher comply in particular with: the French Civil Code, Consumer Code and Commercial Code; Law no. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN); Regulation (EU) 2016/679 (GDPR); and Directive 2011/83/EU on consumer rights.

In accordance with Article 6 of the LCEN, the Publisher carries out a moderation activity of the content of the public selection (section 3.6) and cannot be held liable for unlawful content as long as it has not had actual knowledge of it and acts promptly after notification.

7.4 Contact and complaints

For any question about these terms: contact@briomel.com. For any question about your personal data: privacy@briomel.com (section 4.1).

The Publisher undertakes to acknowledge receipt of any request within seven working days.

7.5 Official version and translations

The official version of these terms is the French version. If they are translated into another language, in particular for the languages offered by the application, the French text prevails in the event of disagreement or contradiction with the translation.

7.6 Assignment

You may not assign your rights and obligations under these terms without the prior written consent of the Publisher. The Publisher may assign them in the event of a merger, acquisition or restructuring, provided that your rights, in particular regarding personal data, are maintained.