Terms of Use

Effective October 22, 2026

These Terms of Use (“Terms”) are an agreement between you and David Long (“we,” “us”), the developer of KitchenCert: Food Manager Prep (“KitchenCert” or “the app”). By downloading or using the app, you agree to these Terms. If you don’t agree, don’t use the app.

1. What KitchenCert is

KitchenCert is an independent study tool for people preparing for a Certified Food Protection Manager exam. Its questions and explanations are original and written from the FDA Food Code. KitchenCert is not affiliated with, endorsed by, or sponsored by any certification exam provider, testing organization, or government agency. Names of exams or organizations that may appear in descriptions belong to their respective owners.

2. No guarantee and not professional advice

Practice scores and predicted scores are estimates. We do not guarantee that you will pass any exam. Food codes vary by state and locality and change over time. KitchenCert is educational content, not legal, regulatory, medical, or professional advice. Always follow the food code adopted by your jurisdiction and the instructions of your regulatory authority.

The On Shift tools, including cooling timers, time-as-a-control timers, holding checks, and reminders, are aids for following food safety rules. They do not replace a calibrated thermometer, your operation’s food safety or HACCP plan, or the judgment of the person in charge. Reminders can be delayed or missed if notifications are turned off or your device is off, so keep any written records your regulatory authority requires.

3. The AI tutor

The tutor uses Apple Intelligence to explain answers and write practice questions based on the app’s study material. AI-generated content can be incomplete or wrong. Treat it as a study aid, and rely on the verified explanation shown with each question bank question. Don’t enter sensitive personal information into the tutor.

4. Purchases and subscriptions

Some features require KitchenCert Pro. You can unlock Pro with:

• Pass Pack: a one-time purchase that unlocks Pro for as long as the app is available to you.
• Weekly or Monthly subscription: an auto-renewing subscription. Payment is charged to your Apple Account when you confirm the purchase. The subscription renews automatically at the same price for the same period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
• Free trials: if offered, a free trial converts to a paid subscription unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.

You can manage or cancel subscriptions in Settings › Apple Account › Subscriptions on your device. Prices are shown in the app before you buy and may vary by country. All payments are processed by Apple, and refunds are handled by Apple under its policies at reportaproblem.apple.com. You can restore previous purchases on a new device with Restore in the app.

5. Your license to use the app

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use KitchenCert on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not copy, scrape, resell, publish, or redistribute the app’s question bank or other content; reverse engineer the app except where the law expressly allows it; or use the app for any unlawful purpose.

6. Ownership

The app, its questions, explanations, design, and code are owned by us and protected by intellectual property laws. These Terms do not give you any ownership rights.

7. Disclaimer of warranties

To the fullest extent permitted by law, the app is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

8. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or opportunities, including exam fees, arising from your use of the app. Our total liability for any claim relating to the app will not exceed the amount you paid for the app in the 12 months before the claim. Some jurisdictions don’t allow certain limitations, so some of these may not apply to you.

9. Apple terms

You and we acknowledge that:

• These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app. We provide support as described below.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are our responsibility, to the extent not disclaimed above.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws.
• If a third party claims that the app or your possession and use of it infringes that party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent 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 on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, 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.

10. Changes and termination

We may update the app and these Terms. If we make material changes, we will update the effective date and publish the new Terms in the app and at https://dlong8484.github.io/kitchencert-site/terms.html. Continuing to use the app means you accept the updated Terms. Your license ends automatically if you don’t comply with these Terms.

11. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules, except where the law of your place of residence requires otherwise.

12. Contact and support

Questions, support requests, or claims: Dlong8484@icloud.com