Terms of sale

These terms of sale (the “Terms”) govern the sale of licenses to use the Cooked software (the “Software”) by PANASSE (the “Seller”) to any person or entity making a purchase on cookedapp.io (the “Customer”).

Placing an order implies unreserved acceptance of these Terms in the version in force on the date of the order. The Customer keeps a copy at the time of purchase.

The Software is sold both to individuals and to businesses. These Terms therefore distinguish two categories of Customer, because the applicable rights are not the same:

Consumer Customer

Any natural person buying for purposes outside their trade, business, craft or profession. They receive the full protection of French consumer law, including the right of withdrawal and access to consumer mediation.

Business Customer

Any person or entity buying for the purposes of their professional activity. Provisions reserved for consumers do not apply to them; article 13 summarizes what changes.

Downloading and using the free version of the Software is not a sale and is not governed by these Terms, but by the end user license agreement and the terms of use.

These Terms exist in English and in French. In the event of any discrepancy between the two versions, the French version prevails — it is the version enforceable under the governing law set out in article 14.

Seller

PANASSE

Legal form

French société par actions simplifiée (SAS)

Share capital

€500

Registered office

2 impasse des Perdrix, 33260 La Teste-de-Buch, France

SIREN

920 403 789

Registration

RCS Bordeaux 920 403 789 confirm against the Kbis

EU VAT number

FR67920403789 confirm VAT registration

Telephone

Phone number

Contact

contact@cookedapp.io

Where the sale is operated by a provider acting as merchant of record, that provider is the legal seller and the issuer of the invoice, and its own terms apply to the transaction. Provider selected: Creem’s registered name and address, copied from its own terms. This clause must be finalized in line with the provider chosen.

The product sold is a perpetual license to use the Cooked Software in its Pro version. It is digital content supplied without a physical medium.

The license gives access to the features identified as “Pro” on the pricing section of the site on the date of purchase, together with updates within the current major version.

• System requirements: Apple Silicon (M1 or newer), macOS 13 Ventura or newer.
• Concurrent activations included: 1 Mac. The activation can be released from the account area and moved to another Mac when the Customer changes machine.
• No permanent internet connection is required to use the Software.
• The charge limiter works independently of license state: an invalid or expired license cannot switch off battery protection.

The Customer is encouraged to install and try the free version before purchasing, in order to confirm the Software is compatible with their hardware.

The Pro license costs $19 as a one-time purchase. Prices are shown in US dollars, inclusive of all taxes for consumers in the European Union.

For consumers in the European Union, the applicable value added tax is that of the Customer’s country of residence, in accordance with EU rules on electronically supplied services. The exact tax amount is displayed before the order is finally confirmed. Customers elsewhere may be charged local sales tax where the merchant of record is required to collect it; that amount is likewise shown before confirmation.

A Business Customer established in another EU member state and holding a valid intra-community VAT number may be invoiced excluding tax, the tax then being self-assessed by them. It is their responsibility to enter that number when ordering; failing that, the order is processed as a sale to a consumer.

The Seller may change its prices at any time. The applicable price is the one displayed when the order is confirmed.

1. The Customer selects the license and reaches the payment form.
2. They check the details of their order and the total price, and can correct any error before confirming.
3. They expressly accept these Terms.
4. They confirm and pay for the order. Confirmation forms the contract.
5. A confirmation email summarising the order and containing the license key is sent to them.

The Seller may refuse or cancel any order that is abnormal, in particular where fraud or unauthorized resale is suspected.

Payment is due immediately on ordering and is made online through the payment provider Creem’s registered name and address, copied from its own terms.

At no point does the Seller have access to the Customer’s full card details, which are handled directly by the payment provider in a secure environment.

As the product is digital content, delivery consists of making the license key available by email and in the Customer’s account area, immediately after payment is confirmed.

If nothing arrives within an hour, the Customer should check their spam folder and then contact support@cookedapp.io. The key remains permanently available from their account area.

A Consumer Customer has 14 days from the formation of the contract to exercise their right of withdrawal, without giving any reason and without penalty.

French consumer law allows a seller to set that right aside for digital content supplied immediately, provided it obtains the Customer’s express consent and waiver. The Seller deliberately chooses not to collect that waiver: the right of withdrawal therefore remains fully available throughout the period, even where the Software has already been downloaded and activated.

Outside the European Union, the European Economic Area and the United Kingdom, no statutory withdrawal right applies. The Seller nonetheless grants every Consumer Customer, wherever they reside, the same 14-day right to cancel and be refunded in full, on the same terms. This is a contractual commitment of the Seller, not a courtesy: it may be relied upon in the same way as the statutory right.

This article does not apply to Business Customers, to whom the law grants no withdrawal right for this type of purchase, and to whom the commercial commitment above is not extended either. See article 13.

How to exercise the right, and the model form, are set out in our refunds policy. Refunds are made within fourteen days at most of receiving the request, using the same means of payment as the order.

The Pro license key is deactivated as of the refund date. The Software keeps working in its free version.

The Consumer Customer benefits from the statutory warranty of conformity applicable to digital content and services, and from the warranty against hidden defects, independently of any commercial warranty.

Under the warranty of conformity, the Seller must supply digital content that matches its description, is fit for its expected purpose, and comes with the updates needed to keep it conforming. Where content does not conform, the Customer may require it to be brought into conformity or, where that is impossible or disproportionate, obtain a price reduction or termination of the contract.

The Business Customer benefits from the general-law warranty against hidden defects. The consumer-law warranty of conformity does not apply to them.

The precise references to the applicable articles of the French consumer code, and the mandatory wording on warranty periods, must be checked and completed by a legal professional before sales open.

The Software changes the battery’s charging behavior by addressing the Mac’s system management controller. That interaction is documented in the end user license agreement, which sets out the warranty limitations specific to how the Software works.

The Seller is not liable for damage resulting from use of the Software contrary to its documentation, from modification of the operating system by a third party, or from hardware that was already faulty.

Nothing in these Terms limits the Seller’s liability in the event of personal injury, gross negligence or wilful misconduct, or sets aside the mandatory rights granted to consumers.

Any complaint may be addressed to support@cookedapp.io. The Seller undertakes to answer within a reasonable time.

In accordance with the French consumer code, a Consumer Customer may refer the matter free of charge to a consumer mediator with a view to settling a dispute amicably, having first tried to settle it directly with the Seller. Competent mediator: Consumer mediation body.

A Consumer Customer may also use the European online dispute resolution platform where it applies to their situation.

Consumer mediation is reserved for Consumer Customers. A dispute with a Business Customer is settled under article 14.

Data collected when an order is placed is processed in accordance with our privacy policy. It is strictly limited to what is necessary for the sale, invoicing and support.

This article summarizes what distinguishes a business purchase from a consumer purchase. It restricts no right of a Consumer Customer.

• No right of withdrawal: the law does not grant one to businesses for this type of purchase, and the worldwide commitment in article 8 is not extended to them. Business Customers should use the free version to check compatibility before ordering.
• No consumer mediation: that scheme is reserved for consumers.
• Warranties: only the general-law warranty against hidden defects applies, to the exclusion of the consumer-law warranty of conformity.
• Invoicing: an invoice is issued for every order. An EU Business Customer holding a valid intra-community VAT number may be invoiced excluding tax, under article 4.
• Permitted use: one license covers one Mac. Equipping several workstations requires as many licenses, and deployment across an estate managed by an organization requires a suitable license, to be agreed with the Seller.

The Business Customer declares that they have the capacity and the skills required to assess whether the Software suits their needs, in particular with regard to its interaction with hardware as described in the end user license agreement.

Limitation-of-liability clauses between businesses are given a latitude the law refuses in a relationship with a consumer. This article therefore deserves careful review: it is where real exposure in a dispute with a business customer is decided.

These Terms are governed by French law. In the event of a dispute the French courts have jurisdiction, without prejudice to the protective rules allowing a consumer to bring proceedings before the court of their place of residence in the European Union.

These Terms are drawn up in French and in English. Only the French version is authoritative; the English version is provided for information. In the event of any discrepancy between the two, the French version prevails.

For disputes with a Business Customer, the parties will endeavour to find an amicable solution before bringing any action.

If any provision of these Terms is held to be void, the remaining provisions remain fully applicable.