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.
The operator reserves the right to correct, supplement, merge with other content or, if necessary, remove the added content without replacement. This concerns in particular publicly available foods, lists, recipes, as well as their ingredients. In the following cases the operator will make corrections: incorrect spelling, incorrect category, incorrect or incomprehensible nutritional values, incomprehensible serving sizes, violation of legal regulations (for examples see “Blocking of users”).
A merge will be performed in the following cases: duplicate entries. The operator may remove content without replacement in the following cases: recipes as regular foods, dummies and placeholders, incorrect or incomprehensible nutritional values, violation of legal regulations (for examples see “Blocking of users”).
All enumerations are only examples and are not conclusive. The editing of the content can be done by the operator or the support team assigned by him. There is no obligation on the part of the operator to adopt content created by the user or to adopt it in a particular form.
By using the app, the operator grants you the non-exclusive right to use content provided by the service, in particular foods, barcodes, serving sizes, recipes, lists, and sports. The right of use is limited in time to the period of use of the app. Furthermore, the right of use is spatially limited to the app. The use of non-personal content outside the app is not permitted. Content added by the user himself is expressly excluded from this.
Inactive user accounts (MyCalorieApp only)
A user account is considered inactive if it has not been used in a certain period of time (i.e. no login took place with this user account) and no paid Pro account is active. Inactive user accounts will be deleted without prior notice. Likewise, all related data of the user will be deleted (consumptions, trainings, recipes, lists, job activity, weight diary, profile data, settings, license history).
For users who have logged in only exactly once, the account will be considered inactive after a period of 6 months. For all other users, a period of 24 months applies.
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.
Blocking of Users
The operator reserves the right to terminate the user contract of individual users without prior warning and to block these users if there are violations of these Terms of Use. This applies in particular (but not conclusively) in the following cases: violation of legal provisions, posting of illegal products, violation of property rights, spam, advertising, hate speech, violence, harassment, insult, posting of sexual content, medical advice or diagnosis, misuse of the app, use of non-personal content outside the app, intentional and repeated posting of false information.
The blocking can be issued by the operator or the support team assigned by him.
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.