Terms of Use for the Borcook Mobile App

These Terms of Use set out the rules for using the Borcook mobile application and the digital services available within the Borcook ecosystem. This document governs the use of the App, the User Account, local and cloud functions, recipes, Programs, User Content, community features and technical rules connected with BORNIAK Devices.

§1. General provisions

1. The owner and operator of the App is BORNIAK – ZUT BORNIAK Dawid Szurlej, Al. Niepodległości 41, 78-449 Borne Sulinowo, Poland, VAT ID/NIP: PL8992343025, REGON: 021138535.
2. The App is made available to users of mobile devices through official app stores, in particular Google Play and the Apple App Store, and may be supported by BORNIAK server services.
3. By using the App, the User confirms that they have read these Terms and the Privacy Policy and accept their provisions.
4. The Terms are made available free of charge in a manner that allows them to be saved, downloaded, reproduced and printed.
5. BORNIAK may provide different language versions of the App and documents. The Borcook Account is global, and the User may use the App in the selected language if that language version is available.

§2. Definitions

• App – the “Borcook” mobile application and related digital services, backend, cloud modules and functionalities.
• BORNIAK – ZUT BORNIAK Dawid Szurlej or another entity from the BORNIAK group or network indicated as the provider of a specific service.
• User – a person using the App.
• Account – the User’s account in the Borcook App, created, among other ways, by using Firebase login or another method made available by BORNIAK.
• Store Account – the customer account in the BORNIAK online store. The Store Account and the Account in the App are separate accounts and do not have to be automatically linked.
• Device – a compatible BORNIAK device, in particular a smoker or control panel, which may work with the App.
• Device ID – the technical identifier of the Device, serial number, panel identifier or another identifier used for function handling, diagnostics or subscription purposes.
• Activation Date – the date of the first activation of a new Device in the BORNIAK system, from which the free period of access to paid functions may be calculated.
• Free Plan – the free scope of App functions.
• Paid Plan – a paid subscription plan enabling access to extended App functions. The current commercial name of the Paid Plan, its scope of functions, price and limits are presented to the User before purchase or activation.
• Subscription – monthly or annual, automatically renewable access to the Paid Plan purchased through the BORNIAK online store or another website indicated by BORNIAK.
• Main Account – the User Account that first added a given Device to the App after its activation or after a panel reset.
• Program – a set of Device operating parameters, in particular temperature, time, operating stages, smoke generator settings or other parameters that may be sent to the Device.
• User Recipe – culinary content created, saved or modified by the User, including in particular the name, description, ingredients, steps, photos, notes and, optionally, a linked Program.
• User Content – recipes, Programs, photos, descriptions, comments, ratings, shopping lists, favourites and other content entered by the User into the App.
• Terms – these terms of use for the Borcook App.

§3. Technical and usage requirements

1. Use of the App requires a compatible mobile device running Android or iOS and, for selected functions, Internet access.
2. Selected functions require an Account, an active network connection, connection to the Device via LAN, connection to the Device hotspot/AP or access to cloud services.
3. The Free Plan allows local control and monitoring of the Device on the same local LAN network or via the Device hotspot/AP.
4. Outside the local network, the Free Plan may allow cloud status viewing of the Device, but does not include cloud-based Device control, unless BORNIAK makes such a function available temporarily, for testing or as a promotion.
5. Cloud-based Device control is a Paid Plan function if the function is technically available for the relevant Device model, firmware version, region and network configuration.
6. Cloud functions, synchronisation, notifications, reminders, shopping list, search engine, sharing, ratings, rankings and comments may require an Internet connection and the operation of BORNIAK servers or third-party providers.
7. The User is obliged to use the App, the Device and BORNIAK services in accordance with the law, the Terms, the Device manual, safety rules and the intended use of the Device.

§4. User Account

1. Use of some App functions requires creating an Account or logging in using an available login method.
2. The App may use Firebase login or other authentication mechanisms indicated in the App.
3. The User should provide true and up-to-date data and protect login credentials against unauthorised access.
4. The BORNIAK online Store Account and the Account in the App are separate. Purchasing a subscription in the store may require providing data necessary to assign the subscription to a Device, but this does not mean that the Store Account is automatically linked with the Account in the App.
5. The User may delete the Account in the App by using the function available in the App or by contacting BORNIAK at support@borniak.com.
6. Deletion of the Account may not result in the deletion of data that BORNIAK must retain under the law, for settlement, security, complaint handling, establishment, pursuit or defence of claims, or performance of product safety obligations.

§5. Adding a Device, Main Account and panel reset

1. To add a Device to the App, the User must complete the pairing procedure provided in the App and on the Device panel. The procedure may require connection to the same local network, connection to the Device hotspot/AP, being near the Device or using an authorisation code.
2. The Account that first adds a given Device to the App becomes the Main Account for that Device.
3. The Paid Plan and extended permissions assigned to the Device are available only to the Main Account, unless BORNIAK expressly makes another function available or makes an individual change of assignment.
4. The Main Account has the exclusive right to manage the Subscription assigned to the Device, including changing the assignment of the Subscription to another Device, if such a function is made available by BORNIAK or is performed individually by support.
5. Other users cannot remove the Main Account from within the App. If the Device panel is reset in accordance with the manual, the Device may be added again, and the Account that first adds the Device after the reset may become the new Main Account.
6. A person with physical access to the Device panel may be able to reset or re-pair it. The User should properly secure access to the Device, panel, network and authorisation codes.
7. If the limit on the number of Users or Devices is exceeded or the subscription expires, visibility and operation of the Device may be limited in accordance with the current plan, in particular to the Main Account.

§6. Free Plan, Paid Plan and scope of functions

1. The App is offered under the Free Plan and may be offered under one or more Paid Plans. BORNIAK may in the future introduce other plans, variants or feature packages, the scope, limits and price of which will be described before they are made available or purchased.
2. The current scope of functions, limits, price, billing period, promotion terms and any technical restrictions of the plans are presented in the App, in the BORNIAK online store or on a website indicated by BORNIAK before purchase or activation of a given function.
3. Information presented to the User before purchasing a Subscription forms part of the contractual terms relating to that Subscription.
4. BORNIAK may temporarily make selected paid functions available to Free Plan users as part of tests, promotions, migration periods, special campaigns, “subscription weekend” type campaigns or staged rollout. Such temporary availability does not mean permanent acquisition of the right to use the function under the Free Plan.
5. Some recipes, recipe collections, Programs, import functions, saving functions, sharing functions or control functions may require an active Subscription if they are marked as such in the App or in the plan description.
6. After the end of the Paid Plan, data and content created by the User may remain stored in the system, but functions exceeding the current scope of the Free Plan may be unavailable until the Paid Plan is purchased or activated again.
7. Editing a BORNIAK recipe and saving it as a User Recipe may require the Paid Plan if this function is marked as paid or exceeds the current scope of the Free Plan.

§7. Subscription, purchase through the store and free period

1. The Subscription is purchased through the BORNIAK online store or another website indicated by BORNIAK. The App does not have to support payments directly in the App.
2. The online store is responsible for the subscription purchase process, payment acceptance, automatic renewal handling, invoicing, subscription cancellation within the scope made available in the store, and complaints concerning the purchase itself.
3. The App is responsible for making functions resulting from the plan available if the subscription has been correctly assigned to the Device and the technical requirements are met.
4. The Subscription may be monthly or annual and renews automatically if the User selected such a variant and gave the appropriate consent or payment instruction.
5. The User may cancel automatic renewal of the subscription with effect at the end of the current billing period, in accordance with store functions, the payment operator’s rules or by contacting BORNIAK.
6. The Subscription is assigned to a specific Device, and paid permissions are available to the Main Account of that Device.
7. A new Device may receive a free 6-month period of access to paid functions, calculated from the Activation Date.
8. The free 6-month period is available only for a new Device. It is not renewed by creating a new Account, changing the e-mail address, changing the login method, reinstalling the App, resetting the App or adding the same Device again.
9. In exceptional situations, in particular in the event of incorrect activation, repair, warranty replacement, panel replacement, loss of access or other justified technical circumstances, BORNIAK may correct the Activation Date or transfer the subscription to another Device.
10. After the digital service has started, the User may lose the right to withdraw from the contract and the right to a refund of the fee for the commenced billing period, provided that before the service started the User expressly consented to the commencement of the service before the expiry of the withdrawal period and acknowledged the loss of the right of withdrawal, in accordance with applicable law.
11. The provision concerning no refund after the service has started does not limit the Consumer’s rights arising from mandatory provisions of law, in particular rights relating to non-conformity of the digital service with the contract.
12. In the event of prolonged unavailability of paid functions for reasons attributable to BORNIAK, the method of compensation, extension, refund, promotional code or other solution may be determined individually, taking into account applicable law.

§8. Programs, recipes, import and private sharing

1. The User may create Programs and User Recipes within the scope resulting from the Free Plan or the applicable Paid Plan.
2. A Program is a set of technical operating parameters of the Device. A User Recipe is culinary content and may include a linked Program.
3. Ready-made BORNIAK recipes may be visible in the App under the Free Plan, but importing selected paid recipes as Programs may require the Paid Plan.
4. The User may privately share a User Recipe or Program with another User if that function is available under their plan.
5. Private sharing takes place with a specific User, based on a User code or another identifier made available to the sender.
6. The recipient receives a copy of the shared recipe or Program. The copy is not automatically updated after later changes made by the author, unless the App expressly provides such a function.
7. If the recipient has no free slots for a given type of content, the App may inform them that the limit has been exceeded. The recipient must free up a slot and then ask the sender to share the content again.
8. The User may share their own content and modified BORNIAK recipes saved as User Recipes, provided that they have functional access to do so and sharing does not breach the Terms, third-party rights or safety rules.

§9. Public content, search engine, ratings, rankings and comments

1. The App may provide a recipe search engine and, in the future, rating, ranking, comment and other community features.
2. BORNIAK may require prior approval of a recipe, Program, comment, photo or other content before public publication.
3. If the content is not approved, the User may modify it and submit it again for review, if this function is available.
4. It is prohibited to publish content that is unlawful, infringes third-party rights, is offensive, misleading, spam or advertising without BORNIAK’s consent, contains data of third parties without a legal basis, or may cause unsafe Device operation.
5. It is prohibited to publish Programs or recipes that may lead to exceeding safe operating parameters of the Device, in particular excessively high temperature, excessively long unattended operation, overheating, fire, damage to the Device, health risks, unsafe food preparation, circumvention of safeguards, interference with firmware, or use of the Device contrary to the manual.
6. Users may report illegal content or content violating the Terms via the function available in the App or at support@borniak.com.
7. The report should include the identifier or link to the content, a description of the violation and the reporter’s contact details if they are needed to handle the report.
8. BORNIAK may remove, hide, restrict visibility of, mark, block or reject content that violates the law, the Terms, third-party rights, product safety, network security or good practice.
9. BORNIAK may use anti-abuse mechanisms, limits, filters, manual moderation and automated tools supporting moderation. Decisions materially affecting the User may be reviewed after contacting BORNIAK.
10. Contact point for users and authorities in matters concerning content and moderation: support@borniak.com.

§10. Licence to the App and User Content

1. BORNIAK grants the User a non-exclusive, non-transferable, revocable licence to use the App in accordance with the Terms, solely within the scope of functions made available to the User.
2. It is prohibited to decompile, reverse engineer the source code, circumvent safeguards, modify, sublicense, make available for payment, resell or use the App contrary to its intended purpose.
3. The User retains rights to their User Content.
4. The User bears full responsibility for User Content, in particular for its legality, culinary and technical safety, accuracy, non-infringement of third-party rights and compliance with the Device manual.
5. By entering User Content into the App, the User grants BORNIAK a non-exclusive, royalty-free licence to use such content to the extent necessary to provide, maintain, secure, moderate, display, synchronise, technically copy, back up, develop and promote the App and Borcook services.
6. In the case of public content or content shared with other Users, the licence also includes public availability, display, translation, formatting, creating copies for recipients, and presentation in search results, rankings and summaries, if the given function is available.
7. Deleting the Account or content does not have to result in the deletion of technical copies, backups, security logs or copies of content previously shared with other Users, if further storage is technically, legally or functionally justified.

§11. Shopping list, favourites, timers and notifications

1. The App may allow the creation of shopping lists, adding recipes or ingredients to favourites, setting timers, reminders and receiving push or e-mail notifications.
2. Shopping lists and favourites are subject to the limits of the Free Plan or the applicable Paid Plan.
3. BORNIAK may apply technical limits to shopping lists, in particular a limit on the number of items, in order to protect system stability and security.
4. Timers and reminders are auxiliary. Their effectiveness depends on the phone’s system settings, Internet access, notification permissions, push service operation, battery status and other technical factors.
5. Timers, reminders and notifications are not intended for critical or safety-related uses. The User should independently supervise operation of the Device in accordance with the manual.

§12. Device safety, firmware and updates

1. The User should use the Device in accordance with the manual, safety warnings, technical documentation, BORNIAK communications and the intended use of the Device.
2. The App, cloud services or Device may require updates of the app, firmware, libraries, certificates, safeguards or configuration if this is necessary for safety, legal compliance, compatibility, bug fixing or development of the service.
3. BORNIAK may require installation of a specific update before continued use of selected App or Device functions, in particular cloud, control, synchronisation or paid functions.
4. Any interference with firmware, installation of unauthorised software, use of unauthorised tools or circumvention of Device safeguards may result in loss of warranty, loss of compatibility with the App and a safety risk.
5. Use of unauthorised firmware, modifications, tools, apps, circumvention of safeguards or interference with the Device may result in blocking the App’s operation with the given Device, restriction of technical support, refusal to handle selected functions and loss of compatibility.
6. BORNIAK is not liable for the consequences of using unauthorised firmware, unapproved modifications, unauthorised tools or using the Device contrary to the documentation, to the extent permitted by law.
7. BORNIAK provides updates and security support to the extent required by applicable law and in accordance with the lifecycle of the relevant product, App and digital services.

§13. Device data and the Data Act

1. Devices cooperating with the App may generate technical and operational data, in particular operating profiles, settings, session course, statuses, temperature parameters, times, events, errors, firmware version, connectivity parameters and diagnostic data.
2. If data is linked to the User Account, it may constitute personal data and is subject to the rules described in the Privacy Policy.
3. At the current stage, exercise of rights relating to data generated by the Device, including requests for access or export, is handled manually by support at support@borniak.com.
4. BORNIAK may verify the User’s identity, right to the Device, scope of the request and the impact of providing data on Device security, network security, trade secrets, intellectual property rights and third-party rights.
5. BORNIAK does not currently provide an automated API for direct transfer of data to third parties. The possible scope, format and method of handling requests may be developed as legal and technical requirements are implemented.
6. BORNIAK may refuse to fulfil a request or limit its scope if the request is manifestly unfounded, excessive, technically impossible, threatens security, infringes third-party rights or requires disclosure of information protected by law.

§14. Liability

1. BORNIAK exercises due care to ensure that the App operates correctly, safely and in accordance with its intended purpose.
2. The App, recipes, Programs, suggestions, shopping lists and reminders are auxiliary. The User is responsible for assessing whether a given recipe, Program or setting is appropriate for the product, load, operating conditions, Device model and safety requirements.
3. BORNIAK is not liable for the consequences of using the App or Device contrary to the manual, the Terms, safety communications, law or the intended use of the Device.
4. BORNIAK does not guarantee uninterrupted availability of all App functions. Interruptions may result from maintenance, updates, failures, network limitations, actions of external providers, force majeure or security reasons.
5. The provisions of the Terms do not exclude or limit any liability that cannot be excluded or limited in relation to a Consumer under mandatory provisions of law.

§15. Complaints and contact

1. Complaints concerning operation of the App, Account, Borcook functions, Device assignment, paid functions or data may be submitted to support@borniak.com.
2. Complaints concerning the purchase of a subscription itself, payment, invoice, automatic renewal or withdrawal from the contract are handled in accordance with the BORNIAK online store terms and conditions or the payment operator’s rules.
3. The report should include a description of the problem, the Account e-mail address, Device ID or serial number if applicable, App version, phone model and other information needed to consider the matter.
4. BORNIAK may ask for additional information, screenshots, logs, photos, serial number or other materials necessary to handle the report.

§16. Changes to the Terms

1. BORNIAK may amend the Terms in particular in the event of changes to App functions, introduction of new plans, technical changes, legal changes, changes to the subscription model, security changes, organisational changes or the need to clarify provisions.
2. The User will be informed of material changes to the Terms in the App, on the website, by e-mail or in another appropriate manner.
3. If a change to the Terms requires the User’s acceptance, further use of the App may be conditional upon such acceptance.

§17. Final provisions

1. Matters not regulated by the Terms are governed by the applicable provisions of law.
2. The Terms do not limit the Consumer’s rights arising from mandatory provisions of law applicable to their place of residence.
3. If any provision of the Terms proves invalid or ineffective, the remaining provisions remain in force.