§ 1 Scope of Application and Consent

(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the FoodLog app and related services. They apply regardless of whether the use is free of charge or subject to payment.

(2) In the relationship between FoodLog (hereinafter "Provider") and the user (hereinafter "User"), only the following conditions in their valid version at the time of use or at the time of acquisition shall apply. Deviating terms and conditions of the customer are not recognized, unless the Provider expressly agrees to their validity.

(3) By downloading, installing, and using the app, the User agrees to these GTC as well as the privacy policy and terms of use.

(4) When first launching the app, the User will be asked to agree to the GTC and the privacy policy. Without consent, the use of the app is not possible.

§ 2 Definitions and Subject Matter of the Contract

(1) The terms "Consumer" and "Entrepreneur" are understood in accordance with the statutory definitions in §§ 13, 14 BGB (German Civil Code). Accordingly, the user is a "Consumer" if the use or acquisition of the FoodLog app cannot predominantly be attributed to their commercial or self-employed professional activity. In contrast, an "Entrepreneur" is any natural or legal person or partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when using the FoodLog app or when concluding the contract.

(2) "Distribution platform" refers to the shops (stores) of platform operators such as Google ("Google Play") and Apple ("App Store"), where users can select and download the FoodLog app for installation.

(3) The app enables users to record their moods, nutrition, and health data and optionally have them analyzed using AI-powered technologies (e.g., OpenAI).

(4) The use of certain features may be tied to paid subscriptions or one-time purchases, which are processed through third-party providers such as the Google Play Store or Apple App Store.

§ 3 Use of the FoodLog App

(1) The FoodLog app can be operated free of charge or subject to payment. The app is always free of charge for pure installation - e.g., via Google Play or the App Store. Paid use always requires separate, express consent of the user within the app (see below §§ 5 and 6).

(2) The FoodLog app can be installed and operated on mobile phones, tablets, and other mobile devices.

(3) To use our app, you must be at least 16 years old unless a parent has consented to the installation and subsequent use of our app under applicable law. If we become aware that we have collected personal data of a minor below the specified minimum age without parental consent, we will take steps to promptly delete this data.

(4) The app allows for the recording of personal health data, moods, and nutritional information. This data is stored exclusively on the device locally, unless otherwise specified.

(5) Optionally, the user can have AI-assisted analyses of their entries performed. This only occurs with the explicit consent of the user for each individual analysis.

§ 4 User Obligations

(1) By installing, the user declares to agree with these GTC.

(2) The user confirms that their information is truthful, up-to-date, and complete. Regular updating of registration information is required.

(3) The user is obliged to protect their account against unauthorized access and abusive use. Any suspicion as well as any violations must be reported to the provider without delay. Any refund of unauthorized payments will only be made after successful reporting of the abuse.

(4) If the provider should identify abusive behavior by a user, it is entitled to close the respective account.

(5) The user is obligated not to make false or abusive information and to use the app exclusively within the legally permissible framework.

(6) The sharing or misuse of accounts is prohibited.

§ 5 Health Notice for Using the FoodLog App

(1) The provider is not a medical organization; its recommendations do not constitute medical advice. Due to possible unintended weight loss associated with the use of the FoodLog app, users are advised to consult a doctor on a case-by-case basis before using the FoodLog app to discuss the recommendations individually issued by the provider.

(2) The provider recommends that users maintain their weight within the guidelines for healthy weight set by the World Health Organization (WHO), which corresponds to a Body Mass Index (BMI) between 18.5-25. The BMI can be calculated using the following formula: Body weight in kg / (height in m)².

(3) The app does not constitute medical advice and does not replace a doctor's visit. The provider assumes no liability for damages resulting from incorrect use or erroneous data entry.

§ 6 Creation of a User Account

(1) The FoodLog app can be used without a personalized user account.

§ 7 Use of Third-Party Services

(1) Certain app functions use third-party services, particularly:

a) OpenAI: AI-powered analysis of diary entries (only with explicit user consent for each analysis)

b) RevenueCat: Management of in-app purchases and subscriptions

(2) Data processing by these services is conducted in accordance with their privacy policies and based on the respective terms of use of the providers.

(3) Consent for data transfer to OpenAI is obtained separately from the user each time.

§ 8 Paid Use of the FoodLog App; In-App Purchases

(1) If the user wishes to utilize the functional diversity of the paid version of the FoodLog app, they can upgrade to the PLUS features through a so-called "in-app purchase" via a distribution platform.

(2) The user can acquire the upgrade, i.e., the FoodLog PLUS features, via distribution platforms. If the user performs the upgrade via a distribution platform, the specific procedure is governed by the conditions of the respective platform operator. The purchase contract takes place according to the conditions of the respective distribution platform. These conditions also determine whether the purchase contract is concluded between the user and the distribution platform or between the user and the provider.

(3) The PLUS features are automatically activated for the user after completion of the purchase.

(4) In-app purchases and subscriptions are processed exclusively through the app stores. The respective contractual terms of Google or Apple apply additionally.

(5) Cancellation of subscriptions can only be done through the respective app store.

(6) Refunds are only provided through the respective app store operators and not directly through the app provider.

§ 9 Payment of Usage Fees

(1) The user is obligated to pay all incurred costs if a due fee cannot be collected from a bank account they have provided.

(2) Billing for in-app purchases is done through the respective distribution platform. The payment conditions specified by the respective platform operator apply.

§ 10 Changes to Usage Fees

The provider reserves the right to change the usage fee for subscription options. Price changes only become valid after the end of the subscription period or when the renewal of subscriptions is due for payment. For upcoming price increases, the provider will inform the user at least 30 days prior to the planned change in the usage fee. If notification of the price increase is given less than 30 days in advance, the change takes effect only after the next payment date.

§ 11 Changes, Interruptions, Termination of the FoodLog App

(1) The provider is free to temporarily or permanently change, interrupt, or terminate the free services of the FoodLog app in whole or in part at any time.

(2) The provider will inform the user at least 30 days before the planned change, interruption, or termination of paid services.

(3) The user is free to terminate their subscription extraordinarily if the change, interruption, or termination of the service unreasonably disadvantages them or otherwise significantly disturbs the contractual balance between the parties. If the user exercises their right of termination, they may be entitled to a pro-rata refund for the unused portion of their terminated subscription. The provider is solely responsible for refunds granted in accordance with these terms.

(4) These GTC continue to apply even to changed services.

§ 12 Data Protection

(1) The use of the app requires the processing of certain personal data. Details about this are regulated in the privacy policy.

(2) The data is stored exclusively on the device locally, unless otherwise specified, and not transmitted to third parties without the user's consent.

(3) The user is informed about the privacy policy when first starting the app and must accept it.

§ 13 Warranty for Defects, Guarantee

(1) To the extent that the purchase contract is concluded between the provider and the user, the provider is liable for defects in the app in accordance with the applicable statutory provisions, especially the general regulations of §§ 434 ff. BGB. For entrepreneurs, the warranty period for the app provided by the provider is twelve months.

(2) The provider does not provide a warranty for consistently complete and error-free availability of the FoodLog app.

§ 14 Liability

(1) Claims of the user for damages are excluded. This does not apply to claims for damages by the user due to injury to life, limb, health, or the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the typically foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the user resulting from injury to life, limb, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

§ 15 Amendments to the GTC

(1) The provider reserves the right to adapt these GTC in the event of changes to the legal framework or the scope of services.

(2) Users will be informed about significant changes within the app. Continued use after the update is considered as consent to the new version of the GTC.

§ 16 EU Online Dispute Resolution

The European Commission has established an internet platform for online dispute resolution (ODR) (Art. 14 para. 1 ODR-VO and § 36 VSBG). The platform serves as a contact point for the out-of-court resolution of disputes regarding contractual obligations arising from online purchase contracts. You can access the platform via the following link: ec.europa.eu/consumers/odr

§ 17 Final Provisions

(1) Contracts between the provider and the user are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the restriction of choice of law and the applicability of mandatory provisions, in particular of the state in which the user has their habitual residence as a consumer, remain unaffected.

(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the registered office of the provider.

(3) If individual points of these terms and conditions are legally ineffective, the contract remains binding in its remaining parts. Instead of the ineffective points, the statutory provisions shall apply, provided that this would not represent an unreasonable hardship for one of the contracting parties. However, if this is the case for one contracting party, the contract as a whole shall become ineffective.

(4) FoodLog provides its users with these General Terms and Conditions in various languages. However, the German version is the starting point and thus decisive in the event of disputes, misunderstandings, or contradictions compared to all translated versions.