Terms of Use
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1. These Terms of Use govern your relationship with the MealTailor App Software Application and MealTailor App Services, operated by B&B Health Consulting UG (haftungsbeschränkt). Please read these Terms of Use carefully before using the MealTailor App. Your access and use of the Service is conditioned on your acceptance and agreement to these Terms.
2. Scope
2.1 These terms of use apply to the MealTailor app with all online offers, content, functions and services within the operating systems offered (currently iOS). As soon as you use the app, you are obliged to comply with these terms of use. Please read them carefully before using the app for the first time.
2.2 These terms of use are aimed at both consumers and entrepreneurs. They can be called up on the Internet and apply to all of our services and performance, unless special regulations apply; should this ever be the case, we will make this clear at the appropriate point. Any terms and conditions of the user that conflict with or deviate from these Terms of Use shall not apply unless we have expressly agreed to them in writing.
2.3 We may change or adapt these terms of use for the future, eg to take account of changes in the law or loopholes in the regulations; As far as our paid offers are concerned, we will only change or adapt these terms of use in the future if there are external circumstances that force us to do so, for example to take account of changes in the law or loopholes in the regulations. We would then inform you of this in good time and in a suitable manner. The changes would only become effective for you with regard to the paid offers if you did not object to them in text form (e.g. by e-mail) within 30 days of the publication of the changes. If you object, we or you can terminate the contract with immediate effect.
2.4 You are not entitled to the availability of certain content or media functions.
2.5 We are not obliged to improve, expand (updates/upgrades) or make accessible the content, functions and services provided via the app.
2.6 We can discontinue our services and performance at any time. There is no entitlement to continuation.
3. Subject of the contract and conclusion of the contract
3.1 The subject of this contract is the free and/or paid use of our app.
3.2 The contractual relationship between you and us comes about as soon as you click on the Install button on the product description page of the respective app store and, if necessary, enter your respective password.
3.3 MealTailor PRO
3.3.1 We offer a paid subscription service "MealTalor PRO" that allows you to use all the features of the MealTailor App. The additional functions are listed and described directly in the app under "MealTailor Pro".
3.3.2 If you would like to purchase our paid subscription "MealTailor PRO", you can do so at the stated price via Apple's in-app purchase process. To do this, you must select your desired option on the MealTailor PRO screen within the app, whereupon a pop-up will appear in which you must enter your Apple Store password. Once you've done that, a popup will appear asking you to confirm the subscription purchase again. At this point you can also cancel the process. You should then receive a confirmation of receipt from the Apple store (but not directly from us).
3.3.3 For the term of your subscription (subscription), we currently offer an initial term of 1 (one) month. In the case of the monthly term, this is automatically extended by the original term, unless you cancel the subscription in the settings of your mobile end device or device. The cancellation of the subscription will take effect on the day after the last day of your current subscription period and you will be downgraded to the free app version with limited features. After completing the subscription again, however, you can immediately see the MealTailor PRO version again. Your payment obligation to us is automatically renewed at the end of the respective subscription period if you have not canceled your paid MealTailor PRO subscription before the end of the period.
3.4 We will expand, change, delete and improve our services and offers if necessary, especially if this serves technical progress, appears necessary and/or to prevent misuse. The changes may result in the appearance, navigation or functions of the app changing.
4. Right of Withdrawal
You have the right to withdraw from the contract within fourteen (14) days without giving a reason.
The cancellation period is fourteen (14) days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us - B&B Health Consulting UG (haftungsbeschränkt), Wegerichstrasse 14, D-12357 Berlin - a clear statement (e.g. a letter sent by post, fax or e-mail to hello@mealtailorapp.com ) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
4.1. Consequences of revocation
If you have revoked the contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have chosen) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
4.2. Expiration of the right of withdrawal
Your right of cancellation expires prematurely in the case of contracts for the delivery of digital content that is not on a physical data carrier if we have started to perform the contract, (i) after you have expressly agreed to start performing the contract before the cancellation period has expired and ( ii) you confirm with your consent that you lose your right of withdrawal with the beginning of the execution of the contract.
Please note that in the case of an in-app purchase, you have the option of revoking it within the Apple app store.
5. Intellectual property and rules, your health
5.1 We are the owner or the licensee of all intellectual property rights or have the express permission of the rights owner to operate the App - including the Content. All content, including but not limited to design, text, software, graphics, material and images, provided to you (and any selection or arrangement) is copyrighted by us and/or by others. Therefore:
5.2 Use of the Platforms is personal to you only, ie under no circumstances may you use them to do or seek to do business with them in any way.
This means that any use that goes beyond your personal use in your private environment and/or serves commercial or commercial purposes, persons personally connected to you and/or other third parties are strictly prohibited.
5.3 You are obliged to only use the App via an approved device. If a password is required, you must keep it secure and confidential;
5.4 You shall not copy, record or store (unless permitted by us in the Application functionality) or redirect, share, forward, retransmit, capture or otherwise, the App and its contents, in whole or in part transmit or permit, enable or cause any other person to transmit the Content, in whole or in part, to any person;
5.5 You may not modify, disassemble, decompile or reverse engineer the App;
5.6 You must not use the Platforms in any situation where you are providing viewing/use to any public person or permitting, enabling or causing any other person to do so;
5.7 You must not misuse the App or use it for any unlawful or unauthorized purpose (including transmitting viruses through the App or using the App in a way that violates the rights of anyone else);
5.8 You must not circumvent or attempt to circumvent the Restrictions on Use.
5.9 It is forbidden to attack the functionality of the app, such as sending e-mails in bulk (SPAM), hacking attempts, brute force attacks, using or sending spy software, viruses and worms. In addition, it is prohibited to decompile, reverse engineer, disassemble, access or decrypt the source code of the App and SDKs integrated therein; (ii) make any modifications, adjustments, improvements, enhancements, translations or derivative activities to the App; (iii) remove, obscure, or alter any proprietary notices (including copyright and trademark notices) owned by us or our affiliates, partners, suppliers, or the licensors of the App.
5.10 If you violate these rules, we are entitled to warn you, temporarily block you or even completely exclude you from using the app or to support criminal prosecution in the event of criminal acts, civil or criminal legal action in relation to illegal content or use to initiate the app. We are not obligated to issue a prior warning or advance notice of deletion after we become aware of illegal content.
5.11 Your health
Use of the MealTailor App and all related services is at your own risk. You agree that the MealTailor App does not constitute medical advice. Before using the MealTailor app, you should seek medical advice and receive regular medical advice and support during use. You expressly agree that any activity associated with the use of the MealTailor App involves risk of injury or death and you assume all risks, known and unknown, even if caused in whole or in part by action, inaction, or negligence of B&B Health Consulting UG (haftungsbeschränkt). B&B Health Consulting UG (haftungsbeschränkt) is not liable for any damage, direct or indirect, arising in connection with or as a result of any use of the MealTailor App, including injury and death.
6. Technical Requirements
6.1 You are responsible for having and maintaining all necessary hardware and software required to access, receive and display the App. To download and use the app you need an internet connection on your device. We recommend always updating the operating systems and app versions.
6.2 We will make every effort to ensure that the App is available at all times whenever possible. Except as provided in Section 11.1 below, we accept no liability, particularly if you are unable to use them due to outdated operating systems or app versions.
6.3 In order to update or maintain the App, we sometimes have to suspend it for a period of time. We try to keep this disruption to a minimum and to do it during off-peak hours.
6.4 In cases where you believe you are entitled to a refund for the paid app version, please contact us via email or via the contact us section of our app. If the paid app version was paid for via a payment provider, you should inform the payment provider about this. Your payment provider can refund you the applicable purchase price or, if necessary, forward your request to us; we will then review your request. The payment provider has no other warranty obligation with regard to the paid app version.
6.5 We provide the app for various end devices. This can lead to different functionalities on different end devices.
7.- Termination- Term
7.1 You can terminate the free version of the app at any time with immediate effect by deleting the app from your respective mobile end device or device. With regard to the paid app version "MealTailor PRO" you can cancel the subscription in the iTunes settings. The cancellation of the subscription will take effect on the day after the last day of your current subscription period and you will then be downgraded to the free app version. However, after re-subscribing to MealTailor PRO, you can immediately see the extended version again.
7.2 You can currently choose the monthly term for the MealTailor PRO subscription. There is no guarantee of future use of the app.
7.3 Payment is made via the Apple App Store after confirmation of purchase. Your MealTailor PRO subscription will automatically renew for the original term and price unless auto-renew is turned off in the App Store at least 24-hours before the end of the active period. The cost will be charged within 24 hours before the end of the active period. Subscription auto-renewal can be turned off in the App Store user settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited as soon as you take out a paid subscription.
7.4 We may terminate our contract with you in relation to use of the free version of the App at any time.
7.5 You and we can always terminate the contract for important reasons. If we terminate the contract for any reason other than your breach of contract, you are entitled to a pro rata refund of the upfront purchase price in the case of a paid app version term.
8. Indemnification
8.1 You have a duty to fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) that we incur as a result of:
8.1.1 your culpable misrepresentation, act or omission in connection with the use of the MealTailor App;
8.1.2 your culpable failure to comply with these Terms of Use; or
8.1.3 Claims by third parties arising out of or relating to your culpable access to or use of the MealTailor App not in accordance with these Terms.
8.2. Damages within the meaning of Section 8.1. also include compensation to which we are exposed to our vicarious agents or vicarious agents because one of the items listed in 8.1.1. until 8.1.3. events described has occurred.
8.3 The above obligations only apply if you are responsible for the infringement in question, i.e. you have acted intentionally or have neglected the care required in traffic.
9. Liability
9.1 Except in the cases described in Section 9.2, our maximum liability, which results from or in connection with the fulfillment of our contractual obligations towards you, is limited to the typically foreseeable damage that results from a negligent breach of a material contractual obligation from this contractual relationship. A "material contractual obligation" under these Terms of Use is an obligation the performance of which is essential for the proper performance of these Terms of Service and breach of which jeopardizes the purpose of these Terms of Service and performance on which you as a user/user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time you agreed to these terms and conditions. We exclude our liability and that of vicarious agents for damage caused by a negligent breach of an insignificant contractual obligation.
9.2. Nothing in these terms excludes or limits the liability of us or our vicarious agents for gross negligence or willful misconduct or for death or personal injury or for fraud. Any further mandatory statutory rights as a consumer also remain unaffected.
9.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance relating to the standard of the MealTailor app or should assume the guarantee for a specific functionality of the app or website. The same applies to any claims by the user under the Product Liability Act.
9.4 There is no liability in cases of force majeure; Examples of these include but are not limited to: failure of electronic or mechanical devices or communication channels, acts of third parties (including denial-of-service attacks and excessive or abusive use of the MealTailor App), telephone or other connection problems, computer viruses, unauthorized access, theft, operator error, Fire, severe weather including flooding, regulatory or other acts of regulatory, governmental or supranational authorities, war, riot or industrial dispute.
10. Privacy
Information about the processing of personal data can be found in the data protection declaration of the B&B Health Consulting UG (haftungsbeschränkt) websites and the data protection declaration of the MealTailor app. We would like to point out the respective scope of the data protection declarations.
11. Contact
You can contact us for any reason using the "contact form" in our app or at the above email address. You may need to provide your email address, residential address, product details, and payment information, which may include your billing address, so that we can assist you or identify you.
12. Assignment
12.1 We may transfer, sub-contract or otherwise deal with any of our rights and/or obligations under these Terms without first notifying you or obtaining your consent. If you are a user of a paid app version, we will inform you accordingly in text form (e.g. by e-mail). You would then have the right to extraordinarily terminate the contractual relationship within four weeks of receiving the notification by means of a declaration to us.
12.2 You may not transfer, sub-contract or otherwise deal in any of your rights and/or obligations under these Terms, other than any claim for damages.
13. Severability Clause
Should individual provisions in these Terms of Use, including this provision, be fully or partially ineffective, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective and missing provisions are replaced by the applicable legal regulations.
14. Governing Law
14.1 For entrepreneurs, German law applies to the exclusion of the UN Sales Convention (CISG). Exclusive place of jurisdiction is Berlin.
14.2 For consumers, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory consumer regulations in your country, i.e. the country in which you mainly reside, are more favorable for you; insofar these more favorable regulations of your country apply.
15. Dispute Resolution Procedure
The European Commission provides a platform for out-of-court online disputes, which you can view here: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
16. Data Provenance
The food data in the MealsTailor app comes from the Swiss nutritional value database, made available by the Swiss Federal Food Safety and Veterinary Office FSVO. There is no claim to the correctness of the data.
Status: July 2022