The Food Database GmbH, Konsul-Smidt-Straße 23, 28217 Bremen, Germany (hereinafter: "Fddb" or "Provider") provides services in the field of nutrition control with its web and app available platform (hereinafter: "the platform") and analysis for consumers (hereinafter also: "users"). With the help of these services, the user can document and statistically evaluate his diet and exercise behavior. The following terms and conditions apply to the use of the platform:
1 General terms
- These terms and conditions apply to all services offered by the provider to the user. By registering as a member of Fddb, the user agrees to the validity of these terms and conditions.
- These terms and conditions apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of the users or any third parties will only become part of the contract if and to the extent that the provider has expressly agreed to their validity.
- Fddb reserves the right to amend these terms and conditions in the event of a legitimate interest in this regard (e.g. in the event of a change in the legal situation, the highest court rulings or market conditions). Exceptions to this reservation of change are those changes that relate to an obligation of one of the parties, the fulfillment of which makes the use of Fddb possible in the first place and the observance of which the other party regularly trusts or may trust (“essential contractual obligation”). Changes to these terms and conditions take effect if the user does not object to the changes in text form (§126b BGB) within six weeks of the change notification and Fddb has informed the user of the right to object and the applicable deadline in the change notification. If the addressee objects to the change in text form (§126b BGB), the previous terms and conditions continue to apply. In order to ensure a uniform contractual relationship with its users, Fddb reserves the right in this case to terminate the existing contractual relationship with the respective user at the earliest possible point in time and then to close the user's account.
2 Subject of agreement and availability
Main duty of Fddb is the provision of the platform. Fddb provides the platform as it was available when registering the User as a member in accordance with Section 3 or when subscribing to a Premium Subscription in accordance with Section 4 and the terms of reference applicable at that time ("as is").
The user has no right to a specific design or equipment of the platform. Fddb reserves the right to change the platform and its functionalities at its own reasonable discretion (§ 315 BGB), taking into account the interests of the user, in whole or in part, or to discontinue them permanently or temporarily, provided that this does not impair the provider's essential contractual obligations and this is the User is reasonable; the procedure with regard to possible changes to the General Terms and Conditions according to Section 1 applies accordingly.
The use of the platform requires an Internet connection of the device used. Fddb provides the platform with a total annual availability of 95%. The availability is calculated less the necessary periods of maintenance. During maintenance, the platform is not available.
Links allow users to access external websites that are not operated by the provider. Such links are either uniquely identified by Fddb (e.g., as a display or advertisement) or are recognizable by a change in the address line of the browser used by the user. The provider is not responsible for the content of these external websites; Para. 11 remains untouched.
3 Free use
- Users can become natural persons with unlimited legal capacity; other persons require the consent of their legal representative to use the platform. Fddb reserves the right to refuse the registration of a user as a member without giving reasons.
- The app can be accessed and installed from the respective app store at any time at no extra cost. The use of the app requires the user to register as a member of Fddb, which is free of charge for the user. Registration as a member takes place (1) via an electronic registration form within the app or (2) via the Fddb website using a member name and password chosen by the user. This establishes a contractual relationship between the user and Fddb.
- In order to avoid improper registrations, notification of the registration will be sent immediately by email to the email address given in the form after the registration form has been sent. Membership is confirmed via the link contained therein for activation.
- The data stored by the user in the profile, in particular the data requested during registration, must be given completely and truthfully; this also applies to data that the user does not have to store, but rather voluntarily to supplement his / her member profile there. If the user's data change, he is obliged to update the information in his member profile immediately.
- Individual services provided by Fddb via the platform may be chargeable in the future. The user is informed of this at the latest before using a paid service for the first time. Before using a chargeable service for the first time, the user must confirm that he has been informed of the chargeability and the amount of the costs and that he has agreed to the chargeable use of the service.
4 Premium Subscription
- To make use of the premium functions offered, currently in particular for advertising-free use, to use weekly reports, to connect fitness trackers (e.g. Fitbit, Garmin Connect, Samsung Health), to extend the storage period of diary entries and diet reports, etc., a paid premium subscription is required, as described in this section. It is possible to take out a paid premium subscription both via the app and via the Fddb website. The subject of the respective premium subscription results from the specifications shown in the app store or on the website.
- Only after selecting the desired premium subscription and then clicking on the button provided for completing the purchase within the app or the respective app store or on the Fddb website, e.g. the "Confirm" button, does the interested party legally give a binding application to conclude the premium subscription. This will be confirmed or rejected by Fddb immediately, if necessary with the involvement of the respective app store provider.
5 Right of withdrawal for premium membership
- Insofar as the user - when purchasing the premium subscription via the Fddb website - has a right of withdrawal towards Fddb, he will be informed about this separately in the booking process.
6 Costs, contract period, methods of payment and invoicing
- For a premium subscription - unless a different fee is indicated when using the services - users can choose between different variants, which differ both in terms of the contract period and in the pricing according to the respective conditions shown. The respective conditions shown apply.
- The agreed contract period applies to a premium subscription, starting with the activation of the premium features. A premium subscription is extended indefinitely by the duration of the originally agreed contract period at the previously existing conditions if it is not terminated by one of the parties before the end of the contract period within the notice period specified by the respective platform (App / Website). The user can then cancel at any time at the end of the current month if the contract is extended accordingly. The termination for an important reason remains unaffected. If, in the event of termination, the User still has a credit balance due to amounts paid in advance for a period of use no longer used, Fddb shall refund the corresponding credit to the User. Unless expressly agreed otherwise, the same means of payment that the User used for the original transaction will be used.
- When purchasing a premium subscription via an app store (Google, Apple, Huawei), the invoice is issued via the respective app store. When purchasing via the Fddb website, the invoice is issued by Fddb.
7 Cancellation and termination of membership and premium subscription
- The free membership according to section 3 can be terminated by the user at any time with immediate effect. Fddb reserves the right to ordinary termination of a free membership with a notice period of 1 month to the end of the next quarter in the event of a legitimate interest (e.g. if the user objects to the newly introduced terms and conditions according to Section 1.3.) All profile data generated by the user (but not any other content posted by the user that is also visible to third parties) will then be deleted immediately and irretrievably on the Fddb side. The user is solely responsible for any previous backup of the data.
- If the membership with Fddb ends - for whatever reason - the content posted by the member on the platform may still be accessible. Nonetheless, Fddb is entitled to irretrievably delete all data that has arisen as part of a membership and stored on the Fddb platform at the end of 30 calendar days after the termination takes effect and after the expiry of any statutory retention periods. The terminating person has the right to anonymize the personal data of the posted content at any time, so that no personal reference can be made. To exercise the right, a clear declaration to Fddb via one of the contact options specified in these terms and conditions is sufficient.
- The right to extraordinary termination of membership for an important reason (§ 314 BGB) remains unaffected. An important reason for Fddb is in particular if the user has continued seriously or despite a warning from Fddb and culpably violated these terms and conditions.
8 Health and nutrition advice; Notes on the content of the platform
- Fddb is authorized to send emails to users related to their diet. This includes, for example, warnings if the body is too low.
- Content on Fddb can be created by users and is neither editorially supported nor checked or checked for correctness. A doctor or pharmacist should always be consulted in the event of health problems.
- Posts and information on Fddb may be incorrect and contain recommendations that are hazardous to health. The information provided on Fddb does not constitute professional advice from specialist staff.
9 User content and obligations
- The user is entitled and obliged to use the platform exclusively for his own, non-commercial or commercial purposes. Commercial or commercial use is only permitted with the consent of Fddb.
- The user is obliged to keep his password confidential and has to protect it from unauthorized use by third parties. The user is obliged to change the password at regular intervals. If the user becomes aware of misuse of their access data, if there is a possibility or if such misuse is threatened, the user will inform Fddb immediately. The user is liable for improper use of his member profile; this does not apply if the user is not responsible for the improper use.
- By posting content, the user grants Fddb a non-exclusive, unrestricted right of use and exploitation of this content. These rights remain in effect even if membership is terminated. In addition, the provisions of section 7 apply.
- The posting person is responsible for compliance with the legal regulations with regard to the content posted by third parties. Every user has to observe the applicable law and to protect the rights of third parties. In particular, users are prohibited from
- Violating third party property rights such as trademarks, copyrights and naming rights;
- deliberately post untrue, insulting, defamatory, anti-competitive, pornographic, youth-endangering or otherwise criminally relevant content;
- to unreasonably harass other users and / or third parties;
- to use the app or platform for direct or indirect advertising purposes in accordance with section 10;
- post direct or indirect advertising content;
- Post or write posts that deviate from the thematic specifications of the platform;
- to stop contributions that violate common decency;
- Set links to websites with any of the above content, as well
- To use mechanisms, software and / or scripts beyond the functionalities and interfaces provided by the provider on the platform, especially if this blocks, modified, copied and / or overwritten services of the provider and these services are required for the contractual use of Fddb.
10 Scope of permitted use, prohibited advertising content and sanctions
- In principle, users are prohibited from referring directly or indirectly to commercial or other economically motivated companies, in particular in the field of nutritional advice, product sales, affiliation, or other chargeable offers, products or services of any kind or to advertise them. Links (URL) with a referrer link for partner programs are also prohibited. In the event of doubt as to whether the planned content is prohibited content in the aforementioned sense, users must contact Fddb in advance in writing.
- The provider is entitled to delete individual content. He is also entitled to exclude individual members from using the platform if this is justified by objective reasons, such as a disruption of operations or use of the platform contrary to the contract.
- Fddb may, at its reasonable discretion (§315 BGB), taking into account the interests of the user, impose sanctions against the user if he has violated these terms and conditions or there is any other important reason within the meaning of section 7 of these terms and conditions. The severity of the sanctions depends on the severity of the respective violation by the user. The sanction remains in place until the sanctioned act has been stopped by the user and any risk of repetition has been eliminated.
- Possible sanctions are:
- (i) the deactivation or blocking of individual services or content for the user concerned
- (ii) the deletion, postponement or closure of the content posted for the user,
- (iii) the complete blocking of access to the platform including the Mitgliederprofils sowie
- (iv) the complete deletion of an account. The right to extraordinary termination for an important reason by Fddb according to section 7 remains unaffected, as does the assertion of further claims.
- Unless otherwise stated in these terms and conditions, Fddb is liable for the use of the platform in accordance with the following provisions.
- Fddb has unlimited liability for damage caused intentionally or through gross negligence by Fddb or its legal representatives, executives or simple vicarious agents.
- In cases of slightly negligent breach of only insignificant contractual obligations, Fddb is not liable. Incidentally, the liability of Fddb for damage caused by slight negligence is limited to those damage that can typically be expected to arise in the context of the respective contractual relationship (foreseeable damage typical for the contract). This also applies to slightly negligent breaches of duty by legal representatives, executives or simple vicarious agents of the provider.
However, the above limitations of liability do not apply in the event of malice, in the case of bodily harm or personal injury, for the breach of guarantees or for claims arising from product liability.
- The user himself is solely liable for breaches of duty by the user, in particular in the case of infringement of third-party trademarks, copyrights, property rights and naming rights. The user indemnifies Fddb from all third-party claims against Fddb due to an infringement of the content and / or due to the use of the platform by the user. Upon first request, the user assumes all Fddb incurred and reasonable costs that result from such a violation of the law. This includes in particular the necessary costs of legal defense. However, the above does not apply if and to the extent that the user is not responsible for the infringement. Any further claims by Fddb against the user remain unaffected.
- The availability of the platform according to section 2 may temporarily be due to technical malfunctions for which Fddb is not responsible, or for reasons of force majeure (failure of power supply and / or internet, fire, explosion, earthquake, storm, flood, for which the provider is not responsible Industrial action) may be restricted in whole or in part, as well as due to the performance of maintenance work that serves to maintain and improve the operability and functionality of the platform. The provider is only liable for the consequences of limited availability within the scope of the availability promised to the user in the service description and only in accordance with Section 11.
12 Final provisions
- The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention and the conflict of laws; Art. 3 EGBGB remains unaffected. If the user has his habitual residence in another country within the EU / EEA at the time of the establishment of membership, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in these terms and conditions.
- Fddb is entitled to transfer the contractual relationship with the user to a third party ("transfer of contract"). The provider will inform the user about this at least one calendar month before the time of the transfer of the contract in text form (§126b BGB). If the user declares the termination of his membership including any chargeable services of a premium subscription within one calendar month after receipt of this information, the membership ends at the latest at the time of the transfer of the contract. Otherwise, membership with all rights and obligations is transferred to the third party, as it existed at the time of the transfer of the contract between user and provider.
- Oral side agreements were not made. Changes and additions to these terms and conditions as well as all declarations of the parties related to membership must be in text form to be effective (§126b BGB)