terms and conditions

terms and conditions

§1 Scope and definitions

1.1
For the business relationship between Foodiary GmbH (hereinafter referred to as “Foodiary”) and the end customer (hereinafter referred to as “user”) with regard to the (web) applications, software – application of Foodiary (hereinafter referred to as “nutrition plan”) these general terms and conditions apply.

1.2
The nutrition plan is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

1.3
Conflicting, deviating or supplementary general terms and conditions of the user do not become part of the contract unless Foodiary expressly agrees to their validity. These General Terms and Conditions also apply if Foodiary performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the end customer.

§2 Conclusion of contract

2.1

By taking out a subscription, the user can purchase additional services in the form of the payable nutrition plan. How this upgrade can be made depends on the marketplace (e.g. Apple App Store, Google Play Store). The specific procedure can be found in the terms and conditions of the respective marketplace operator. The purchase contract is based on the conditions of the respective marketplace. These conditions also determine whether the purchase contract is concluded between the user and the marketplace or between the user and the provider.

§3 Prices

3.1
The scope of the services depends on whether they are used free of charge for testing or kostenpflichtig. The kostenpflichtige nutrition plan can only be accessed after a free registration and tested with a maximum duration of 7 days.

3.2
In the case of free use, the user only has access within a fixed period of time, which grants the user a test phase of the offer. An extended and complete access is available to the user if he/she has the kostenpflichtigen nutrition plan activated separately as part of a subscription.

3.3

The subscription starts immediately and automatically after the fixed trial period of 7 days and is concluded for an indefinite period.

The automatically starting subscription costs 17,90€ every 3 months. A nutrition plan thus lasts 12 weeks and costs a total of 17.90€ for the 12 week period. 

The subscription is extended automatically after the 12 week period. The user can cancel the subscription at any time. This is done according to the respective provisions of the platform on which the user has concluded the contract.

To cancel the subscription with Apple, the following page can be accessed and the subscription can be cancelled via the iTunes account. 

Cancel your subscription with Apple 

3.4

The food and food supplements recommended in the diet plan are not part of the diet plan and must be purchased separately by the user at his own expense.

Information about the current subscription models and services is available on the website www.foodiary.app or on one of the marketplaces. The prices stated include the statutory value added tax.

§4 Duration and terms of payment

4.1

Contracts of use against payment are each concluded for an indefinite period. The remuneration or the invoice amount is due for the entire term of the subscription upon conclusion of the contract. The subscription period is automatically extended recurrently by the respective contractually agreed term, unless the user terminates his contract before the end of the respective term. The periods for termination can be found in the respective marketplace. The remuneration for the extension periods will also be invoiced in advance.

4.2
In-App purchases are settled via the respective marketplace. The payment terms specified by the respective marketplace operator apply.

§5 Termination

5.1

For technical and legal reasons, paid usage contracts that were concluded via in-app purchase from the respective marketplace must also be concluded via the respective marketplace. In this case, Apple and Google act as resellers of the services. The exact procedure can be found in the conditions of the respective marketplace operator.

The subscription can be cancelled for Apple here.

5.2
If the user cancels his contract of use contrary to the duration of his nutrition plan, the remaining duration of the nutrition plan expires and he can create a new nutrition plan when he signs it again. In this case, there is no claim for reimbursement of user fees or the continuation of the nutrition plan.

5.3
The right of termination for good cause remains unaffected for the Provider and the User. In particular, the Provider is entitled to terminate the remunerated user contract with immediate effect and to delete the user account if the User seriously or repeatedly violates the provisions of the user contract and/or these General Terms and Conditions or is in default with Zahlungspflichten.

§6 Availability and liability

6.1
Foodiary offers its nutrition plan services in terms of type and scope based on the current technical, legal and commercial framework of the Internet. Foodiary strives to provide app access 24 hours a day, 7 days a week.
No liability is assumed for the unexpected case of a failure.
Maintenance work and updates are also carried out regularly.

6.2
Foodiary offers its nutrition plan services in terms of type and scope based on the current technical, legal and commercial framework of the Internet. Foodiary strives to provide app access 24 hours a day, 7 days a week.
No liability is assumed for the unexpected case of a failure.
Maintenance work and updates are also carried out regularly.

6.3
Foodiary’s liability is limited to compensation for foreseeable damages typical of the contract for damages resulting from a slightly negligent breach of material Vertragspflichten by it or one of its legal representatives or agents. Essential contractual provisions are Pflichten, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.  

6.4
A liability in accordance with the product liability law remains unaffected.

§7 Right of revocation

7.1
If the contract is concluded with the provider (and not with the marketplace operator), the user is entitled to a statutory right of revocation vis-à-vis the provider himself, which is explained below.

7.2

The user has the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 days from the date of conclusion of the contract. In order to exercise the right of revocation, the user must:

Foodiary GmbH
Maybachstrasse 22
71332 Waiblingen 
[email protected]

inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of his decision to withdraw from this contract. The user may use the following sample revocation form for this purpose, which is not mandatory:

Foodiary GmbH
Maybachstrasse 22 
71332 Waiblingen 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
(*) Delete as appropriate
In order to comply with the revocation period, it is sufficient for the user to send the notification of the exercise of the right of revocation before the end of the revocation period

7.3 Folgen des Widerrufs

If the User revokes this Agreement, the Supplier shall reimburse the User for all payments received from the User, including delivery costs (with the exception of additional costs resulting from the fact that the User has chosen a different method of delivery than the cheapest standard delivery offered by the Supplier), without delay and at the latest within 14 days from the day on which the Supplier received notification of the revocation of this Agreement. For this repayment the Provider shall use the same means of payment that the User used for the original transaction, unless otherwise expressly agreed with the User; in no case shall the User be charged for this repayment.
The right of revocation expires in the case of a contract for the delivery of non-digital content on a physical data carrier befindlichen even if the Provider has started to execute the contract after the User has expressly agreed that the Provider will start executing the contract before the end of the revocation period and has confirmed that he/she is aware of the fact that he/she will lose his/her right of revocation by giving his/her consent when the execution of the contract starts.

§8 Claims in case of defects

8.1

The statutory liability for defects applies.

Important note: In case of known intolerances you should definitely consult your doctor. This also applies to possible interactions with other products you are taking at the same time, as well as with regard to the basic recommendations of the diet plan.

§9 Data protection, secrecy

9.1
The end customer is advised that Foodiary collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data is treated confidentially.

9.2
The contracting parties verpflichten agree to treat confidentially any information from the area of the other party that becomes known to them in the course of the execution of the contract.

9.3
The privacy policy can be viewed at www.foodiary.app/datenschutz.

§10 Changes to the General Terms and Conditions

10.1
Foodiary is entitled to change these terms and conditions at any time.

10.2
In the event of a change to the general terms and conditions, Foodiary will notify the user in text form via. e-mail to inform the user.
The User’s consent to the respective amendments to the contract shall be deemed given unless the User objects to the amendment of the GTC in writing within two (2) weeks after receipt of the notification of amendment.
Foodiary expressly points out to the User the consequences of failure to object in the notification of amendment.

10.3
In the event that the user does not agree to the changes in the GTC, Foodiary is entitled to terminate the contractual relationship immediately. A renewed participation in the services will then only be offered to the user at the current GTC.

§11 Section Rights of use

11.1
As far as it is not expressly about works under a Creative Commons license, all texts, pictures and other works created by the provider are protected by copyright. Any distribution or making available to the public requires the prior consent of the provider. The user is granted a simple and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions.

§12 General provisions

12.1
You can view these terms and conditions at www.foodiary.app. In addition, you can print or save this document by using the usual function of your Internet service program (=browser: there usually “File” -> “Save as”). You can also download and archive this document in PDF format by clicking here. To open the PDF file, you will need the free program Adobe Reader (at www.adobe.de) or comparable programs that support the PDF format.

12.2
The place of performance is Stuttgart. Exclusive place of jurisdiction for disputes with Kaufleuten, legal entities under public law or special funds under public law arising from contracts is also Stuttgart.

12.3
For all disputes in connection with the use of the nutrition plan findet, regardless of the legal reason, exclusively the law of the Federal Republic of Germany shall apply, excluding all provisions of the conflict of laws rules that refer to another legal system. The application of the U.N. sales law is excluded.

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Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. Mac App Store is a service mark of Apple Inc.
Google Play and the Google Play logo are trademarks of Google Inc.