Terms of Service

Thank you for choosing our applications and services (in the following: services). By using the services of Stefan Diener Software-Entwicklung (in the following: operator) you accept and agree to these terms of service. Therefore, it is important that you carefully read these terms. If you don’t consent to these terms, you’ll be unable to use our services.

Right of Use (calorie and purine counter apps only)

By adding content using the app you grant the operator the non-exclusive right to use that content as far as necessary for providing this or any similar services. This right of use is unlimited in time and location. The operator is not obliged to pay you any fees for the concession of these terms of use.

You can revoke the aforementioned rights anytime by sending a written note to the operator.

You must guarantee that you have all the rights to the content submitted and that you are entitled to transfer these rights to the operator. You are solely responsible for your added content and the consequences of posting or publishing them. If you act in opposition to these terms of use you absolve the operator of any damages that may arise, including any legally applicable legal costs. If a third party should make a claim to the operator with regard to the submission of your content (in particular in terms of any violation of personal, copyright, brand or performance rights) you are obliged to repay the operator for all damages through your own blameworthy breach of duty.

Health and Nutrition Information (calorie and purine counter apps only)

You are responsible for your own health. The operator isn’t a medical organization and will not provide you with any medical advice, nor diagnosis. The purpose of the services is to help users to track their food consumptions, exercises, and body weight. Always consult your doctor before starting a diet or fitness program. Furthermore contact your doctor if you experience any illness or pain. The operator cannot guarantee any health, weight and/or fitness results or improvements. Our services are intended for healthy persons only.

Nutritional information found in our database has been investigated and reviewed by the operator. The operator cannot guarantee that the nutritional information provided in the database is accurate, reliant or complete. The operator isn’t responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the services.

Intellectual Property

All rights in and to the services, including any trademarks, service marks, trade names and copyrighted content (“intellectual property”) presented within the services are the property of the operator and/or third parties. The content and works created by the operator are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. You agree not to use intellectual property for any other purposes except for your use of the services, unless required otherwise by applicable mandatory law.

Disclaimer and Limitation of Liability

You use the services at your own risk. The operator doesn’t warrant that the services and availability thereof will be uninterrupted or error free. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits the responsibility of the operator as a service provider to our own content.

In no event shall the operator be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, the aggregated liability of the operator for any direct damages shall be limited to the fees paid by the user for in-app purchases.

Participation in the dispute resolution procedure for online contracts concluded directly with us

The European Commission is providing a platform for out-of-court online dispute resolution, available at http://www.ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute settlement proceedings before any consumer arbitration board.

Miscellaneous

We reserve the right to refuse service to anyone.

The operator may revise these terms and conditions from time to time. The most current version will always be available on the website of Stefan Diener Software-Entwicklung. Any and all material changes shall become into effect between you and the operator upon your acceptance of such changes.

Governing Law

These terms and the use of the services are governed by the laws of Germany.

Contact

For further information, inquiries or assistance you may contact:

Stefan Diener
Stefan Diener Software-Entwicklung
Sterzinger Str. 30
D-84024 Rosenheim
Germany

support@mycalorieapp.de

Please feel free to contact us.