Contract of publication and use of DrCook services. Terms and Conditions



Welcome to DrCook




This contract of terms and conditions ("THE CONTRACT") establishes the obligations and rights and contractual relations between DrCook Knowledge Company S.L. ("DRCOOK") and users, participants, institutions, or companies that browse www.https://drcook.app/en/ (PLATFORM), register, access, make purchases and hire any of the services ("USERS") of DRCOOK, or publish content on the website ("CREATORS").



Through this PLATFORM, USERS and CREATORS will be able to enjoy the different functionalities, contents, enabled purchase processes, available resources, as well as any other of the functionalities that together make up the platform service ("SERVICE") within the framework of the conditions set forth in this AGREEMENT.



DRCOOK MAY MODIFY OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME upon the posting of an updated version of this AGREEMENT. You should regularly review this AGREEMENT, as your continued use of the PLATFORM following such changes constitutes your acceptance of such changes.



1. General Information and Contact.



In accordance with Law 34/2002 of Services of the Information Society and Electronic Commerce, we inform you that THE SERVICE of this website is provided by:

Drcook Knowledge Company S.L., provided with CIF ... and domiciled in , Bizkaia and registered in the Register of Bizakia....

Contact: info@drcook.app.



2. Acceptance of the contract.

You accept the AGREEMENT, and other legal notices published by DRCOOK on THE PLATFORM and agree to be bound by its terms by choosing between option (a) clicking on "I accept" when offered the option to do so, or option (b) if you continue browsing this website or using the different functionalities of THE SERVICE.

If you do not accept the terms included in this AGREEMENT, you are not authorized to use THE SERVICE.

If THE CREATOR is a legal entity, the person accepting THE AGREEMENT on its behalf shall warrant that he/she is qualified to enter into THE AGREEMENT as an authorized representative of THE CREATOR and to bind THE CREATOR in accordance with the terms of THE AGREEMENT.



3. Term and termination of the contract

This AGREEMENT shall become effective upon acceptance by the CREATOR and shall remain in force until the CREATOR or DRCOOK chooses to terminate it.

DRCOOK reserves the right to terminate this AGREEMENT and terminate CREATOR's account at any time. In such event, DRCOOK shall not owe you any compensation for the termination of the AGREEMENT.

THE CREATOR has the right to unilaterally terminate the AGREEMENT at any time by sending the corresponding notification, in which case the content published will no longer be accessible on the PLATFORM. In that case, your request will be dealt with within a period of no more than thirty days.

In the event that the CREATOR requests the removal of publications such as recipes or cookbooks that he/she has uploaded, the balance generated by such publications since the date on which they were published will be automatically eliminated. Likewise, DRCOOK reserves the right to claim from THE CREATOR compensation for the unilateral removal of content from any of its web platforms or applications for the costs of storage, translation, publication, dissemination, and marketing of such content that have been carried out in order to offer THE SERVICE.

The publications may continue to be available on the accounts of those USERS who have purchased them at a date prior to the withdrawal of the same.



4 - Modification of the contract



DRCOOK reserves the right to modify or discontinue the PLATFORM at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice. DRCOOK shall not be liable for any changes to the PLATFORM or any suspension or termination of your access to or use of the PLATFORM.

DRCOOK may make updates, changes or improvements to the platform in order to enhance the user experience and improve the SERVICES offered, and such updates may be made without prior notice or request for your consent. Based on this AGREEMENT, you agree to these updates on the PLATFORM or on its SERVICES. If you do not agree, you may terminate your account. Your continued use of the PLATFORM constitutes your acceptance of this AGREEMENT with respect to the PLATFORM and all updates to the PLATFORM.



5. Description of the SERVICE




DRCOOK allows CREATORS from different countries around the world to globally and digitally publish recipes, cookbooks, and other related content that USERS can purchase.

DRCOOK will translate, when deemed appropriate, any of the publications made by the CREATOR into different languages in order to facilitate access to USERS from other countries.

USERS can purchase, save and store the PUBLICATIONS purchased, as well as make use of the rest of the functionalities that confirm the SERVICE.



6. Use of the platform and limitations.



Subject to compliance with the terms and conditions set forth in this AGREEMENT, as well as payment of the applicable price, if any, DRCOOK or its content providers, in this case the CREATORS, grants the USER a non-exclusive, non-transferable and non-sublicensable license to access and use the platform for personal, non-commercial purposes.

This license does not include any right of resale or commercial use of the SERVICE or its contents. Neither does it include the right to make any derivative use of the publications or their contents, nor to download or copy information from any account for the benefit of another company, nor the use of search and data mining tools or robots or similar.

You may not reproduce, duplicate, copy, sell, resell or exploit any of the publications, any of the DRCOOK SERVICES or any part of THE PLATFORM for commercial purposes, in each case, without prior written consent.

Please make proper use of the PLATFORM and the SERVICES provided by DRCOOK. You are only allowed to use the DRCOOK SERVICES in a lawful manner. Any breach by you of this AGREEMENT or any of its terms and conditions will result in the termination of your DRCOOK account. Likewise, the User must respect the intellectual and industrial property rights owned by DRCOOK and the CREATORS.

The rights granted to you by the license to use the PLATFORM and the SERVICE under this AGREEMENT are subject to the following restrictions:

  • Posting content for which you do not have the appropriate copyright for publication

  • Conduct within the PLATFORM any activity that infringes any copyright, trademark, patent, right of privacy or publicity or any other intellectual property right of any other person or entity.

  • Reuse outside the PLATFORM the PUBLICATIONS acquired for commercial purposes, transmit them to third parties, resell them, publish them on other websites or platforms or host them on other servers. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit the DRCOOK SERVICES or any part thereof for any commercial purpose, in each case, without our prior written consent.

  • Use the identity of a third party, whether that of another USER, CREATOR or a person outside the SERVICE.

  • Introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.

  • Disseminate, transmit or make available to third parties any information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.

  • Introduce information in the PUBLICATIONS such as trademarks, logos, advertising or similar without the express written authorization of DRCOOK.

  • Use the PLATFORM to publish content that may be illegal and / or threatening, as well as for sending spam and / or advertising.

  • Circumvent, disable or otherwise interfere with the security features of the Platform, or interfere with, disrupt or create an undue burden on the PLATFORM or any network or service connected to the Platform.

  • Introduce or disseminate any false, ambiguous or inaccurate information and content in a manner that misleads recipients of the information.

  • Disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights belonging to the owners of DRCOOK or other USERS or CREATORS.

  • Systematically retrieve data or other content from the Platform (including collecting USER usernames and/or email addresses by electronic or other means) to create or compile, directly or indirectly, a collection, compilation, database or directory without DRCOOK's written permission.

  • Introduce or disseminate on the network data programs (viruses and malicious software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.

  • Defraud, defraud or deceive DRCOOK or other Users, especially in any attempt to learn sensitive account information, such as USER passwords, or impersonate another USER or person or use another USER's user name.

  • Selling, sharing or otherwise transferring your profile or credentials



7. Creating an account




In general, it is not necessary for the USER to register in order to access the PLATFORM Services. However, the use of certain functionalities of the SERVICE may be conditioned to the prior registration of the USER. This registration will be made in the manner expressly indicated in the SERVICE itself or in the specific conditions that apply.

To make PUBLICATIONS as a CREATOR of the platform, you must create an account ("Account") in DRCOOK. You must be at least 18 years old and you must be able to enter into legally binding contracts. If you are registering on DRCOOK on behalf of an entity, you declare that you have the power to legally bind that entity.

Likewise, we inform both USERS and CREATORS, who accept, that the use of the PLATFORM and its SERVICES necessarily involves the processing of certain personal data. The introduction of your personal data in the PLATFORM will imply the acceptance of the Privacy Policy.

You must ensure that all data you provide when carrying out the registration process in DRCOOK, are accurate and true at the time of providing them and you must keep them updated during the time you use the DRCOOK SERVICES.

You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and for all activities that occur under your account, whether or not authorized by you. You will not allow any third party to use the PLATFORM through your account or use the account of any third party. You agree to notify DRCOOK of any unauthorized use of your username, password or account.

The USER and/or CREATOR agrees to keep the REGISTRATION DATA current, accurate and truthful and agrees not to create an account or use the PLATFORM if DRCOOK has previously deleted it, or if you have been previously banned from accessing the PLATFORM.

The USER and/or CREATOR shall be responsible for keeping the security mechanisms (username and password) secret.

USER and/or CREATOR agrees that it will monitor its account to restrict use by minors, and accepts full responsibility for any unauthorized use of the PLATFORM by minors.

The USER and/or CREATOR agrees not to use or run any automated system, including as listed but not limited to, "robots", "web spiders" or readers outside of web browsers when accessing the PLATFORM.

The USER and/or CREATOR agrees to respect the rights of third parties and DRCOOK on the PLATFORM and on the PUBLICATIONS.

DRCOOK reserves the right to temporarily or permanently suspend accounts with incomplete or inaccurate information.



8. Publication of content



CREATOR grants DRCOOK a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit or otherwise exploit such CREATOR CONTENT throughout the world, in all media now known or later developed, for all purposes that enable the provision of THE SERVICE as well as the development of the various functions of THE PLATFORM.

DRCOOK may decide at its own discretion the marketing and promotions related to the sale through the platform, without limitation, such as marketing and promoting its publications by making parts of them available to potential customers free of charge, DRCOOK shall not owe the CREATOR any fee for promotional or marketing activities.

CREATOR acknowledges that it is responsible for all information it publishes on the PLATFORM. This means that the CREATOR, and not DRCOOK, is fully and exclusively responsible for all the content it publishes, including texts, photographs, links and any type of information it adds in any of its PUBLICATIONS.

THE CREATOR must ensure that all the content he/she publishes is in accordance with the terms and conditions set forth in this contract.

USER agrees that DRCOOK has no responsibility to review or evaluate CREATOR'S CONTENT nor is there any obligation or liability for such CREATOR'S CONTENT.

DRCOOK does not endorse the CREATOR CONTENT transmitted or posted on the PLATFORM and therefore does not guarantee the accuracy, integrity or quality of such CREATOR CONTENT.

USER understands that by using THE PLATFORM, he/she exposes himself/herself to the possibility that the CREATOR CONTENT may be offensive, indecent or objectionable to you. DRCOOK shall not be liable under any circumstances for any CREATOR CONTENT, including, without limitation, errors or omissions, or for any loss or damage of any kind incurred by you as a result of the use of any CREATOR CONTENT that has been transmitted, uploaded, posted, posted, mailed or otherwise made available through the PLATFORM. You hereby waive all rights to bring claims against DRCOOK for any alleged or actual infringement of intellectual property rights, rights of privacy and publicity, moral rights and rights of attribution relating to the CREATOR CONTENT.



8.1 Rejection of a Publication:



DRCOOK reserves the right to determine in its sole discretion what content is accepted and distributed through the PLATFORM. CREATOR authorizes DRCOOK, directly, or through third parties, to take any action we deem appropriate regarding its PUBLICATIONS.

CREATOR acknowledges that DRCOOK has the right (but not the obligation) in its sole discretion to remove or refuse to post any CREATOR CONTENT and we reserve the right to change, abridge or delete any CREATOR CONTENT. Without limiting the generality of the foregoing or any other provision of this AGREEMENT, we have the right to remove any CREATOR CONTENT that violates this AGREEMENT or is otherwise deemed objectionable, and we reserve the right to refuse service and/or terminate accounts without notice to any user who violates the terms and conditions set forth in this AGREEMENT or who infringes the rights of others




9. Copyright and exploitation rights of the PUBLICATIONS.



THE CREATOR is the owner of the copyrights of his work and of the PUBLICATIONS he makes. DRCOOK does not claim ownership of the PUBLICATIONS.

THE CREATOR represents that it has a non-exclusive, worldwide, irrevocable, perpetual, royalty-free (including moral rights) right and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works, distribute, obtain revenue or other remuneration and communicate to the public, perform and display its PUBLICATIONS (in whole or in part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property rights that may exist in its PUBLICATION.

THE CREATOR shall be responsible for obtaining and paying for any and all necessary licenses and authorizations to exercise the rights granted under this AGREEMENT.

By this AGREEMENT, and for so long as it remains in effect, CREATOR hereby grants to DRCOOK, in exchange for a royalty fee, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up right (including moral rights) and license to DRCOOK to use, reproduce, distribute, make derivative works of, display and perform such Content in connection with the provision of the Services and the operation of the SERVICE and DRCOOK's business, including, without limitation, for the purposes of providing the Services and the operation of the SERVICE and DRCOOK's business, including, without limitation, for the purposes of providing the Services and the operation of DRCOOK's business, including without limitation, for the purpose of promotion and redistribution of all or part of the PUBLICATION (and derivative works) in any format and through any communication channel, may use and economically exploit the content of the PUBLICATIONS in any form and manner of use, within and even outside the PLATFORM SERVICES.



10. Marketing and Promotion.



DRCOOK, through its websites and mobile applications allows the commercialization and distribution in different countries of the world of the PUBLICATIONS made by the CREATORS. As a result of these sales of the "CREATOR'S" PUBLICATIONS, DRCOOK agrees to pay an economic compensation as royalties for the total sales of its PUBLICATIONS through the PLATFORM.

DRCOOK reserves the right in its sole discretion to decide the marketing and promotions related to the sale of PUBLICATIONS added to the PLATFORM by the CREATOR, and we may, without limitation, market and promote your publications by making portions of them available to prospective customers free of charge, and by allowing prospective customers to view excerpts of your PUBLICATIONS. We will not owe you any fee for our promotional or marketing activities. The CREATOR acknowledges that we are under no obligation to market, distribute or sell any of your publications once we have begun to do so.

Likewise, DRCOOK reserves the right to translate any of the PUBLICATIONS made by the "CREATOR" into as many languages and dialects as it deems appropriate for the purpose of providing THE SERVICE on the platform.

DRCOOK is not responsible for translation errors, although it will try to put the means at its disposal in order to minimize possible errors in the translations of the CONTENT included in the PLATFORM by the CREATOR



10.1 Publication Prices



PUBLICATION PRICES are inclusive of VAT or other similar taxes included in the purchase price of the PUBLICATION. When the Royalties to be received by the CREATOR as a result of the sale of its publications are calculated on the basis of their sale price, these calculations shall be made on the basis of the sale price with VAT applicable to the customer.

- 10.1.1 Prices in publication of COOKING RECIPES for countries of the European Union: The CREATOR may choose between three price options for the PUBLICATIONS of cooking recipes published individually. These options are (A)0 Eur (B) 0,99 Eur, being included in these prices the vat to be applied to each sale.

- 10.2.2. Prices for the publication of COOKBOOKS for countries of the European Union. The CREATOR may indicate the price for the COOKBOOK to be published with a maximum price not exceeding the price resulting from the sum of the selling prices of each of the recipes that make up the cookbook. The following example serves as a reference. In the case of a cookbook that is composed of 6 recipes that are marketed at 0.99 eur each, the maximum value of that book may not exceed: 0,99 eur x 6 = 5,94 eur.

DRCOOK reserves the right to modify the publication prices at its sole discretion in order to carry out promotional campaigns or similar and without owing any amount to the CREATOR.

11. Royalties, commissions, charges and payments.



If DRCOOK is not in default of its obligations under this AGREEMENT, for sales through THE PLATFORM of each COOKIE RECIPE or COOKBOOK, DRCOOK shall pay to the CREATOR or author of each such publication the amounts as applicable as royalties or royalties, free of refunds, unpaid and VAT, sales taxes, commissions on monetary transactions or any other levies or charges charged to customers.

For recipe and cookbook publications, the CREATOR shall be entitled, by way of royalties or royalties to:

  • An amount of 50% on the PUBLISHING PRICE

  • An amount of 60% of the publication price and for sales after reaching an amount equivalent to 100,000 eur in sales



**DRCOOK reserves the right to establish royalties or terms of payment to CREATORS when it deems it appropriate. DRCOOK will notify the CREATOR the new Royalties and GIFTS conditions. If you do not agree to the terms included in this AGREEMENT, you are not authorized to use THE SERVICE.

DRCOOK will pay the corresponding amounts as a result of the sales of its publications on the PLATFORM based on the Royalty percentages indicated in this point.

To do so, the creator must make the request for payment, using (a) the function enabled for this purpose within your control panel (My panel creator) by clicking on the button , or (b) by sending an email to royalties@drcook.app and may receive the corresponding amounts as long as they have been reached in either of the 2 cases (a) and (b) the minimum collection thresholds.

  • For registered users within the European Union: 100 eur

  • For registered users outside the European Union: 150 eur

These royalties will be paid on a quarterly basis, in the first week of December, April and August. All requests made after the first day of each of these months will receive their royalty payments on the next corresponding date according to the indicated collection periods.

DRCOOK may request the CREATOR to provide certain information or to register a valid bank account in order to receive payment of royalties, in which case we shall not be obliged to pay the amount of royalties until it does so. The CREATOR shall be responsible for the financial costs of collecting the royalties, which shall be deducted from the payments to be made.



12. Compensations



DRCOOK reserves the right to withhold or cancel the payment of Royalties to the CREATOR or future payments when:

  • A third party claims that CREATOR does not hold the copyright in one or more of its PUBLICATIONS. DRCOOK may withhold its entire outstanding balance until the validity of such third party's copyright claim can be reliably established. If it is determined that the CREATOR does not own the copyright to the work, he/she shall forfeit all royalty collection rights, and may be deducted from future collection rights on his/her account or request a refund of the amounts already collected.

  • THE CREATOR unilaterally decides to terminate this contract or proceeds with the withdrawal of any of its PUBLICATIONS.

  • CREATOR is determined, in DRCOOK's sole discretion, to have committed fraudulent, illegal or deceptive activity in connection with any of its publications.

  • CREATOR receives payments for sales that are subsequently cancelled and are subject to refund to the USER.




13. Collections from customers.



DrCook, as well as any of the entities enabled for this purpose with the authorization of DRCOOK, will be exclusively responsible for processing payments, collection of payments, refund requests and other services to customers, not being allowed and being grounds for sanction or cancellation of the account or retention of outstanding amounts of payment collections to customers made outside the DRCOOK platform.

14. Billing and taxes



DORCOOK shall be responsible for collecting and remitting any and all taxes levied on its corresponding sales of the COOKIE RECIPES and COOKBOOK BOOKS PUBLICATIONS to customers.

THE CREATOR is responsible for the income tax and taxes due and payable as a result of the payments DRCOOK makes to it based on the provisions of this AGREEMENT. In this regard, unless otherwise stated, the amounts owed by DRCOOK to CREATOR shall include all taxes that may be applicable to such payments. DRCOOK reserves the right, however, to deduct or withhold any and all taxes applicable to the amounts due to it, and the amounts due, which after deduction of such deductions and withholdings, shall constitute the full payment to be made to CREATOR.




15. Applicable Law and Jurisdiction

The relationship established between DRCOOK and the User shall be governed by the provisions of current regulations on applicable law and jurisdiction. However, for cases in which the regulations provide for the possibility of the parties to submit to a jurisdiction, DRCOOK and the User, expressly waiving any other jurisdiction that may apply, submit to the Courts and Tribunals of the city of Bilbao.