Terms & Conditions
Last updated: 1 August 2026
These Terms & Conditions ("Terms") govern your use of the Monch app and the monchapp.com website (together, "Monch" or the "App"), provided by Andrew Spearman ("I", "me", "my"). By downloading or using the App, you agree to these Terms. Please read them carefully before using the App. If you do not agree, do not use the App.
These Terms incorporate the Privacy Policy and the Apple-required terms set out at the end of this document.
Eligibility
You must be at least 13 years old to use Monch. If you are under the age of majority in your country, you may only use the App with the involvement of a parent or guardian. Where a higher minimum age applies in your region, you must meet that age.
License to Use the App
I grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, in accordance with the App Store Terms of Service. You may not:
- copy, modify, or create derivative versions of the App or my trademarks;
- attempt to extract, reverse engineer, or decompile the source code of the App; or
- translate the App or otherwise exploit it except as permitted by these Terms or applicable law.
The App, and all trademarks, copyright, database rights, and other intellectual property rights in it, remain owned by Andrew Spearman.
Your Content and Data
Monch stores the content you create or import (such as recipes, cookbooks, meal plans, and grocery lists) on your device, and, if you enable iCloud, syncs it through your own private iCloud account. I do not currently operate Monch accounts, and content stored this way is not accessible to me. It is your responsibility to keep your device and your Apple Account secure, and to maintain your own backups (for example, via iCloud).
You are responsible for any content you import into the App, including ensuring you have the right to use it. Recipes and other materials imported from third-party websites remain the property of their respective owners, and I make no representation about the accuracy, legality, or quality of third-party content.
The App may provide tools to import content from third-party websites. These tools act at your direction and on your behalf. You are responsible for ensuring that your use of any import feature complies with the terms and conditions of the source website. I do not control, endorse, or assume responsibility for any third-party website or its content.
Feedback
If you provide feedback, suggestions, or ideas about the App ("Feedback"), you grant me a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable licence to use, reproduce, modify, and incorporate that Feedback into the App or any future product without obligation or compensation to you. Feedback is not confidential and I am under no obligation to treat it as such.
Acceptable Use
You agree not to use the App to:
- violate any law or regulation, or infringe the rights of others (including intellectual property and privacy rights);
- upload, import, or share content that is unlawful, infringing, harmful, or otherwise objectionable;
- interfere with, disrupt, or attempt to gain unauthorized access to the App, Apple's services, or any related systems; or
- use the App in any way that could damage, disable, or impair it.
Recipes, Nutrition, and Health Disclaimer
Monch is a meal-planning and recipe organization tool. It is not a source of medical, nutritional, or dietary advice. Recipes, ingredient lists, nutrition information, and any allergen-related information shown, imported, computed, or estimated in the App are provided for general informational purposes only and may be incomplete or inaccurate, particularly where imported from third-party sources.
You are solely responsible for verifying ingredients, preparation, and suitability for your dietary needs, allergies, and health conditions. If you have a food allergy, intolerance, medical condition, or other dietary requirement, always check ingredient labels and consult a qualified professional. I am not liable for any adverse reaction, illness, injury, or other harm resulting from reliance on information in the App or from the preparation or consumption of any food.
Changes to the App; Charges
I reserve the right to make changes to the App at any time. The App is currently provided free of charge and without in-app purchases. I will not charge you for the App or its services without your prior agreement.
Updates and Availability
I may update the App from time to time. System requirements may change, and you may need to install updates to keep using the App. I do not guarantee that I will always update the App or that it will remain compatible with your OS. Not all features may be available on all supported devices. I may also stop providing the App and may suspend or terminate it at any time without notice. On termination, the rights granted to you under these Terms will end, and you must stop using the App and (if needed) delete it from your devices.
Disclaimer of Warranties
The App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. I do not warrant that the App will be uninterrupted, error-free, secure, or that defects will be corrected.
Nothing in these Terms excludes or limits any rights you have under mandatory consumer protection laws that cannot lawfully be excluded, including the New Zealand Consumer Guarantees Act 1993, the Australian Consumer Law, and equivalent UK/US consumer protections, to the extent they apply to you.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Andrew Spearman, nor any directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to, use of, or inability to access or use the App;
- any conduct or content of any third party in connection with the App;
- any content obtained through the App; or
- unauthorized access, use, or alteration of your content or transmissions,
whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not I have been advised of the possibility of such damage.
To the maximum extent permitted by law, my total aggregate liability to you for all claims arising out of or relating to the App or these Terms will not exceed the amount you paid to use the App in the three months immediately preceding the claim. Nothing in this section limits or excludes any liability that cannot lawfully be limited or excluded, including under the consumer laws referred to above.
To the maximum extent permitted by law, any claim arising out of or relating to the App or these Terms must be brought within 12 months after the cause of action accrues. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.
Indemnification
You agree to indemnify and hold Andrew Spearman harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your violation of these Terms, your misuse of the App, or your infringement of any third party's rights (including intellectual property rights).
Copyright
If you believe that content accessible through the App infringes your copyright, please contact me at legal@monchapp.com with details of the work you believe has been infringed. I take reports seriously and will take reasonable steps available to me to address legitimate concerns.
Termination
I may terminate the license granted to you under these Terms immediately, without prior notice or liability, if you breach these Terms. On termination, your right to use the App will cease and you must delete the App from your devices.
If I reasonably consider that you have breached these Terms, I may take any or all of the following steps immediately and without notice: issue you a warning; suspend, restrict, or permanently withdraw your access to the App or any part of it; and disclose information to law enforcement authorities where I reasonably consider it necessary.
I may also decline to provide the App, or any part of it, to any person at any time for any lawful reason.
The following sections survive termination of these Terms: Your Content and Data; Feedback; Recipes, Nutrition, and Health Disclaimer; Disclaimer of Warranties; Limitation of Liability; Indemnification; Copyright; Dispute Resolution; Governing Law; and Assignment, Severability, and Entire Agreement.
Dispute Resolution
Before bringing any formal claim arising out of or relating to these Terms or the App, you agree to first contact me at legal@monchapp.com and attempt to resolve the dispute informally for at least 30 days. This informal resolution requirement does not prevent either party from seeking injunctive or other equitable relief where appropriate.
Governing Law
These Terms are governed by the laws of New Zealand, without regard to conflict-of-law principles. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. This does not deprive you of the protection of mandatory consumer laws in your country of residence.
Assignment, Severability, and Entire Agreement
I may assign or transfer these Terms, in whole or in part, to a successor of the App or of my business (for example, a company I incorporate) without restriction. You may not assign or transfer these Terms or the license granted to you under them.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. No failure or delay by me in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy. These Terms, together with the Privacy Policy and the Apple-required terms below, constitute the entire agreement between you and me regarding the App and supersede any prior agreements.
Changes to These Terms
I may update these Terms from time to time. I will post changes on this page and update the "Last updated" date above. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.
Contact
Questions about these Terms? Contact me at legal@monchapp.com.
Apple-Required Terms (Licensed Application End User License Agreement)
The following terms apply because the App is licensed through the Apple App Store. In the event of any conflict between these Apple-required terms and the rest of these Terms, these Apple-required terms control with respect to your use of the App on Apple devices.
- Acknowledgement. These Terms are between you and Andrew Spearman only, and not with Apple. Andrew Spearman, not Apple, is solely responsible for the App and its content.
- Scope of License. The license granted to you for the App is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and Support. Andrew Spearman is solely responsible for providing any maintenance and support for the App, as specified in these Terms or required by applicable law. Apple has no obligation to furnish any maintenance and support for the App.
- Warranty. Andrew Spearman is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Product Claims. Andrew Spearman, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Andrew Spearman, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Legal Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. Any questions, complaints, or claims regarding the App should be directed to: Andrew Spearman, legal@monchapp.com, New Zealand.
- Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App.
- Third Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and 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.