Food Database GmbH, Konsul-Smidt-Straße 23, 28217 Bremen, Germany (hereinafter: "Fddb" or "Provider") provides services in the field of nutritional monitoring and analysis for consumers (hereinafter also: "Users") with its platform available via the web and as an app (hereinafter: "the Platform"). Using these services, the user can record their dietary and physical activity patterns and analyse them statistically. The following Terms and Conditions apply to the use of the Platform:

1 General Provisions

1. These GTC apply to all services the Provider offers to the User. By registering as a member of Fddb, the user agrees to these Terms and Conditions.
2. These Terms and Conditions apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the user or of any third party shall only form part of the contract if, and to the extent that, the provider has expressly agreed to their application in writing. Individual agreements between the provider and the user take precedence in all cases over these Terms and Conditions.
3. The language of this agreement is German.
4. Fddb reserves the right to amend these Terms and Conditions where it has a legitimate interest in doing so (for example, in the event of changes in legislation, binding case law, technical conditions or market circumstances). This reservation of the right to amend does not apply to changes affecting an obligation of either party whose fulfilment is essential to the use of Fddb and on whose performance the other party regularly relies or may reasonably rely (“material contractual obligation”). Amendments to these Terms and Conditions will take effect unless the user objects to them within six weeks of receiving the amendment notice in text form (§126b BGB), provided that Fddb has informed the user in that notice of their right to object and the relevant time limit. If the recipient objects in text form (§126b BGB), the prior Terms and Conditions continue to apply. To preserve a consistent contractual relationship with its users, Fddb may in this situation terminate the contract with the user at the next possible date and then close the user’s account.

2 Scope of the Services and Availability

1. Fddb’s primary contractual obligation is the provision of the platform. The platform is provided “as is”, namely in the condition in which it was available when the user registered under clause 3 or entered into a PRO subscription under clause 4, based on the service description in force at that time. The platform is run and maintained in line with the technical standards customary in the industry.
2. The user has no right to any particular form or features of the platform unless expressly agreed. Fddb may, acting reasonably (§315 BGB) and taking the user’s interests into account, change the platform or its features in whole or in part, or suspend them permanently or temporarily, provided this does not impair the provider’s material contractual obligations and is reasonable for the user. The amendment process under clause 1 applies accordingly.
3. Use of the platform requires an internet connection on the device used. Fddb provides the platform with an average annual availability of 95%. Availability is calculated excluding periods required for necessary maintenance. During maintenance work, the platform will be temporarily unavailable. Fddb will endeavour to carry out maintenance as far as possible outside peak usage times.
4. Users may access external websites through links that are not operated by Fddb. Such links are either clearly identified by Fddb (e.g. as an advert or sponsored content) or can be recognised by a change in the address bar of the user’s browser. Fddb is not responsible for the content of these external websites; the provisions of clause 11 remain unaffected. As soon as Fddb becomes aware of unlawful content on an external website, the relevant link will be removed without delay.
5. To enhance its services, Fddb employs artificial intelligence for certain offerings. The services made available by Fddb currently rely on AI tools provided by the following suppliers: OpenAI, Google, Microsoft (“AI Providers”). Data and content entered or uploaded by the user, together with any further interaction, are passed on to the respective AI Providers. The submission of sensitive data and/or personal data relating to third parties is strictly prohibited. Fddb assumes no liability for the correctness or completeness of content generated through artificial intelligence. Fddb may introduce new services and tools from other providers and may use alternative providers for existing services without the need to amend these Terms and Conditions.

3 Free Use

1. Only natural persons with full legal capacity may become users; all other persons require the consent of their legal representative to use the platform. Fddb reserves the right, in individual cases and without stating reasons, to refuse a user’s registration as a member.
2. The app can be downloaded and installed from the relevant app store at any time without additional cost. Use of the app requires the user to register as an Fddb member, which is free of charge. Registration as a member takes place (1) via an electronic registration form within the app or (2) via the Fddb website using a username and password chosen by the user. This establishes a contractual relationship between the user and Fddb.
3. To prevent fraudulent registrations, an email confirming the registration is sent without delay to the email address provided in the registration form once the form has been submitted. Membership is confirmed by activating the link contained in that email.
4. The information stored by the user in their profile, in particular the data requested during registration, must be provided fully and truthfully. This also applies to any data voluntarily supplied by the user to supplement their member profile. If the user’s data changes, they must update the information in their member profile without delay.
5. Certain services provided by Fddb through the platform may become subject to charges in the future. Users will be notified of this no later than before their first use of any paid service. Before using a paid service for the first time, the user must confirm that they have been informed of the fact that charges apply and of the amount of those charges, and that they agree to the paid use of the service.

4 Premium Subscription

1. To use the premium features offered — currently including, in particular, ad-free use, weekly reports, integration with fitness trackers (e.g. Fitbit, Garmin Connect, Samsung Health), extended storage of diary entries and diet reports, and similar features — the user must take out a paid Premium Subscription as described in this section. A Premium Subscription can be purchased either through the app or via the Fddb website. The scope of services included in each Premium Subscription is determined exclusively by the specifications displayed in the respective app store or on the website.
2. Only after selecting the desired Premium Subscription and clicking the button provided to complete the purchase within the app, the relevant app store or on the Fddb website (for example, the “Confirm” button), does the prospective user submit a legally binding offer to enter into the Premium Subscription. Fddb will confirm or reject this offer without delay, where applicable with the involvement of the relevant app store provider.
3. Fddb does not store the text of the contract.
4. Upon termination of a Premium Subscription, the user returns to the free version of the platform. The user agreement, including the free use, may be terminated in accordance with clause 7.

5 Right of Withdrawal for the Premium Membership

1. As regards the consumer right of withdrawal vis-à-vis an app store (Apple, Google, Huawei) when the Premium Subscription is concluded through the app, the terms of use of the respective app store apply. The exercise of the right of withdrawal must in this case be addressed directly to the app store.
2. Where the user has a right of withdrawal vis-à-vis Fddb when taking out the Premium Subscription via the Fddb website, they will be informed of this separately during the booking process.
3. In the case of digital content, the right of withdrawal may lapse prematurely if the user expressly consents to the provider commencing performance of the contract before the expiry of the withdrawal period, the user simultaneously acknowledges the resulting loss of the right of withdrawal, and the provider has provided the user with a confirmation in accordance with §312f BGB on a durable medium.

6 Costs, Term, Payment and Invoicing

1. For a Premium Subscription – unless a different charge is indicated when using the services – users may choose between various options which differ in contract term and pricing in accordance with the terms shown. The terms displayed in each case apply; all prices stated include VAT.
2. The agreed contract term applies to each Premium Subscription, beginning with the activation of the premium features. A Premium Subscription will continue for an indefinite period on the agreed terms unless terminated by either party before the end of the contract term within the notice period specified by the respective platform (app / website). Once extended, the user may terminate at any time with 14 days’ notice to the end of the current month. Termination for good cause remains unaffected. If, in the event of termination, the user has any credit remaining due to advance payments for a period of use no longer taken up, Fddb will refund the corresponding amount. Unless expressly agreed otherwise, the refund will be made using the same means of payment used by the user for the original transaction.
3. Where the Premium Subscription is purchased through an app store (Google, Apple, Huawei), the invoice will be issued by the relevant app store. Where it is purchased via the Fddb website, the invoice will be issued by Fddb in text form.
4. If the user fails to pay, Fddb may—without prejudice to further rights—suspend the user account in whole or in part from the start of the default until all outstanding amounts, including enforcement costs and interest, are paid. The payment obligation continues during any suspension.
5. Fddb uses the service provider Stripe Payments Europe, Limited (SPEL) (“Stripe”) to process payments with the user. Stripe’s terms of use can be accessed here: https://stripe.com/de/legal/consumer

7 Termination of Membership and Premium Subscription

1. The free membership under clause 3 may be terminated by the user at any time with immediate effect. Where Fddb has a legitimate interest (e.g. where the user objects to newly introduced Terms and Conditions under clause 1.3), Fddb reserves the right to terminate a free membership by giving one month’s notice to the end of the next quarter. All profile data generated by the user (but not any other content uploaded by the user that is visible to third parties) will then be deleted by Fddb immediately and permanently, unless statutory retention obligations prevent this. The user alone is responsible for backing up any data beforehand. A Premium Subscription may be terminated at any time, subject to the notice periods specified in the respective app store or during the booking process on the Fddb website, or, in the case of automatic renewal under clause 6, within the period stated there. Where termination is carried out via an app store, the additional terms of use of the relevant provider (e.g. Apple, Google Play Store, etc.) must be observed.
2. If the membership with Fddb ends – for whatever reason – any content posted by the member on the platform may remain accessible. Nevertheless, Fddb is entitled, 30 calendar days after the termination takes effect and after expiry of any statutory retention periods, to delete permanently all data created in connection with the membership and stored on the Fddb platform. The person giving notice has the right at any time to anonymise the personal data contained in their posted content so that no personal reference can be made. To exercise this right, a clear declaration to Fddb via one of the contact methods set out in these terms is sufficient.
3. The right to terminate the membership for good cause under §314 BGB remains unaffected. Good cause exists in particular where the user seriously breaches these Terms and Conditions or continues to do so, culpably, despite a warning from Fddb.

8 Health and Nutrition Guidance; Platform Content Information

1. Fddb may send emails to users containing nutritional notices and information (such as warnings in the event of unusual weight changes) where the user has given their express consent. The user may revoke their consent at any time with future effect.
2. Content on Fddb may be user-generated and is not reviewed or verified for accuracy or completeness. For any health concerns, always consult a doctor or pharmacist.
3. Posts and information on Fddb may be incorrect or incomplete and may contain recommendations that could pose a health risk. The information provided on Fddb does not constitute professional advice by qualified personnel. Users may report inaccurate or incomplete content to Fddb.

9 User Content and Responsibilities

1. The user may use the platform only for private, non-commercial purposes. Commercial or business use requires Fddb’s prior written consent.
2. The user must keep their password confidential and protect it from unauthorised access. They must also change their password regularly. If the user becomes aware of any misuse of their login details, or any risk of misuse, they must notify Fddb immediately. The user is liable for any misuse of their member profile unless they are not responsible for it.
3. By posting content, the user grants Fddb a non-exclusive, worldwide and perpetual, royalty-free, transferable and sublicensable right to use and exploit such content. This includes the right to use the content for advertising purposes. The user waives any right to be credited as the author of the content they post or upload. These rights continue to apply even after termination of the membership. Clause 7 applies in addition. By posting or uploading content, the user also represents that they hold all necessary rights of use in respect of such content and that they are authorised to edit, reproduce, distribute and publicly display and/or make such content publicly available, and indemnifies Fddb against any third-party claims arising from rights infringements.
4. 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 Permitted Use, Prohibited Advertising and Sanctions

1. Users are generally prohibited from directly or indirectly referring in their posts to commercial or otherwise economically motivated enterprises, in particular those relating to nutritional advice, product sales, affiliate activities, or other paid offers, products or services of any kind, or from advertising them. Links (URLs) containing referrer links for affiliate programmes are likewise prohibited. If in doubt as to whether planned content constitutes prohibited content within the meaning above, users may contact Fddb in writing in advance.
2. The provider may delete specific content and may also exclude individual members from the platform where objectively justified, such as in cases of operational disruption or contractual misuse of the platform.
3. Fddb may, acting reasonably (§315 BGB) and taking the user’s interests into account, impose sanctions on the user where they have breached these Terms and Conditions or where another important reason within the meaning of clause 7 exists. The severity of any sanction will depend on the seriousness of the user’s breach and the principle of proportionality. The sanction will remain in place until the user has ceased the conduct in question, and any risk of recurrence has been eliminated.
4. 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.

11 Liability

1. Unless otherwise provided in these Terms and Conditions, Fddb’s liability in connection with the use of the platform is governed by the following provisions.
2. Fddb is liable without limitation for damage caused intentionally or by gross negligence by Fddb or by its legal representatives, senior employees or other vicarious agents.
3. Fddb is not liable for damage arising from slight negligence in breaching only non-essential contractual obligations. Otherwise, Fddb’s liability for damage caused by slight negligence is limited to those losses that are typically foreseeable under the relevant contractual relationship (contract-typical foreseeable losses). This also applies to slightly negligent breaches of duty by the provider’s legal representatives, senior employees or other vicarious agents.

The foregoing limitations of liability do not apply in cases of fraud, in the event of loss of life, personal injury or damage to health, for breaches of guarantees, or for claims under product liability or data protection law.

1. The user is solely liable for any breach of duty, especially for infringements of third-party trademarks, copyrights, proprietary rights or name rights. The user must indemnify Fddb against all third-party claims arising from rights infringements caused by the user’s posted content and/or use of the platform. The indemnity includes necessary and reasonable legal defence costs resulting from a legally binding judgment. This does not apply where the user is not responsible for the infringement. Fddb’s further claims against the user remain unaffected.
2. The availability of the platform under clause 2 may be temporarily restricted in whole or in part due to technical disruptions for which Fddb is not responsible, or due to events of force majeure (such as power and/or internet outages, fire, explosion, earthquake, severe weather, flooding or industrial action not attributable to the provider), as well as due to maintenance work required to maintain and improve the operability and functionality of the platform. The provider is liable for the consequences of restricted availability only to the extent of any availability promised to the user in the service description and only in accordance with clause 11.

12 Final provisions

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules; Article 3 EGBGB remains unaffected. If, at the time the membership is established, the user has their habitual residence in another EU/EEA country, the mandatory statutory provisions of that country remain unaffected by this choice of law.
2. Fddb may transfer the contractual relationship with the user to a third party (“contract transfer”). The provider will inform the user of this in text form (§126b BGB) at least one calendar month before the transfer takes effect. If the user terminates their membership, including any paid services of a Premium Subscription, within one calendar month of receiving this information, the membership shall end no later than the effective date of the contract transfer. Otherwise, the membership, with all rights and obligations as existing between the user and the provider at the time of transfer, will pass to the third party.
3. No oral side agreements have been made. Amendments or additions to these Terms and Conditions, as well as any declarations by the parties relating to the membership, must be made in text form (§126b BGB) in order to be valid.
4. Should any provision of these Terms and Conditions be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. The statutory provision is to replace the invalid or unenforceable provision. If no such statutory provision exists, the provision that most closely reflects the economic purpose of the invalid provision is deemed to have been agreed.

Status November 2025