Fddb Extender, propr. Malte Voigt, Leinestrasse 8, 28199 Bremen, firstname.lastname@example.org (hereinafter: "Fddb Extender" or "Provider"), uses the app Fddb Extender (hereinafter: "App") to create a digital food diary (hereinafter: "Diary") with integrated platform feature (hereinafter "platform") available to consumers. Using the diary, the user can document his nutritional and physical behavior and statistically evaluate. The information in the diary can be generated via entries about meals, products, activities, etc. from a publicly accessible third-party platform database. Users have the opportunity to create their own entries in the third-party platform database or to revise third-party content and publish it for third parties via the platform database, for example by providing nutrition information or uploading images, etc. For the use of the app is subject to the following terms and conditions:
1 General terms
1.1 These terms and conditions apply to all services offered by the provider via the app to consumers in terms of § 14 BGB. With registration as a member of the Fddb Internet portals, to the Eldenaer Höfe 7, 10247 (hereinafter: "Fddb Internet portals”) and subsequent activation of a checkbox, the user agrees to the validity of these terms and conditions.
1.2 These terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the user shall only become part of the contract if and to the extent that the provider has expressly consented to their validity.
1.3 Fddb Extender reserves the right to change these Terms and Conditions. Amendments to these terms and conditions take effect if the user does not object to the changes within one month of notification of amendment in text form (§ 126b BGB) and Fddb Extender has informed the user in the notification of amendment of the right of revocation and the deadline applicable for this. If the addressee objects to the change in text form (§ 126b BGB), the former GTC continue to apply. This change reservation does not apply to any changes that relate to an obligation of one of the parties whose fulfillment makes it possible to use Fddb Extender in the first place and whose compliance the other party regularly trusts or can rely on ("essential contractual obligation").
2 Subject of agreement and availability
2.1 Main duty of Fddb Extender is the provision of the app. Fddb Extender provides the App as it was available when registering the User as a member in accordance with Section 3 or when subscribing to a PRO Subscription in accordance with Section 4 and the terms of reference applicable at that time ("as is").
2.2 In addition, the user has no claim to a specific design or features of the app. Fddb Extender reserves the right, in its sole discretion (§ 315 BGB) to change the app and its functionalities in whole or in part, taking into account the interests of the user or cease permanently or temporarily, provided this essential contractual obligations of the provider are not affected and this the user is reasonable; the procedure according to para. 1.3 applies accordingly.
2.3 The use of the app requires an Internet connection of the device used. Fddb Extender provides the app with a total annual availability of 95%. The availability is calculated less the necessary periods of maintenance. During maintenance, the platform is not available.
2.4 Fddb Extender only provides the app and the content generated by the user. The platform to be reached via an interface is operated by a third-party provider, namely Fddb Internetportale GmbH, An den Eldenaer Höfe 7, 10247 Berlin. The content posted by the users registered with the Fddb Internet portals in accordance with Section 8 is third-party content for the provider. If exceptionally own contents are provided by Fddb Extender, these are expressly marked as such.
2.5 Links allow users to access external websites that are not operated by the provider. Such links are either uniquely identified by Fddb Extender (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. 10 remains untouched.
3 Free use and PRO subscription
3.1 Users can become fully legal natural persons; other persons require the consent of their legal representative for the use of the platform. Fddb Extender reserves the right to refuse the registration of a user as a member without giving reasons in individual cases.
3.3 In order to avoid abusive registrations, after the submission of the form to Fddb Internetportale, the confirmation of the registration by e-mail to the e-mail address given in the form will be sent immediately. The membership link will be confirmed via the link for activation; only with this confirmation begins the user's membership in the Fddb Internet portals, which also allows the app to be used accordingly.
3.4 The data deposited by the user in the profile, in particular the data requested during the registration at the Fddb Internet portals, must be given in full and truthfully; this also applies to such data that are not compulsorily deposited by the user, but are voluntarily deposited to supplement his / her member profile there. If the data of the user changes, he is obliged to update the information in his member profile without delay.
3.5 Individual services provided by Fddb Extender through the app may be subject to a fee in the future. The user is informed of this at the latest before the first use of a paid service. Before using a paid service for the first time, the user must confirm that they have been informed about their costs and the amount of the costs and that they agree to the use of the service for a fee.
4 PRO Subscription
4.1 To claim the premium features offered by the app from the provider, especially for advertising-free use, to use weekly reports, to offer fitness trackers (e.g. Fitbit, Garmin Connect, Samsung Health), extending the storage period of diary entries and diet reports, etc. , the completion of a paid PRO subscription is required, as described in Section 4. The subject matter of the respective PRO subscription is determined by the specification presented in the respective App Store. The contractual relationship of the user in relation to the Fddb Internet portals is not affected by this. Alternatively, the user gains access to the features through the conclusion of a corresponding subscription to the Fddb Internet portals.
4.2 Only after selecting the desired PRO subscription and by subsequently clicking on the button provided for completing the purchase within the respective app store, for example the "confirm" button, does the prospective customer submit a legally binding application to conclude the PRO subscription. This is immediately confirmed or rejected, possibly with the involvement of the respective App Store provider.
4.3 The user is obliged to keep his password confidential and to protect it against unauthorized use by third parties. The user is obliged to change the password at regular intervals. If the user becomes aware of misuse of his access data, if there is the possibility or threatens such abuse, the user will immediately inform the provider about this. The user is liable for an abusive use of his membership profile; this does not apply if the user is not responsible for the improper use.
5 Right of withdrawal and cancellation policy for the premium membership
5.2 In relation to Fddb Extender, the user expressly agrees to the terms and conditions specified in Section 1.1 that (1) Fddb Extender commences execution of the PRO subscription prior to the expiration of the statutory withdrawal period and also confirms (2) that he is aware of it in that its right of withdrawal as a consumer expires upon execution of the PRO subscription and before expiry of the statutory period of revocation.
6 Costs, contract period, methods of payment and invoicing
6.1 For a PRO subscription, users may choose between different options, which are different in the contract period as well as in the pricing in accordance with the conditions shown in the respective App Store, unless the services are referred to a different cost obligation. For this the conditions shown in the respective App Store apply.
6.2 For a PRO subscription the respectively agreed contract period applies, starting with the activation of the PRO features. A PRO subscription is extended by the contract period agreed under Section 6.1 if it is not terminated before the end of the originally agreed contract term within the notice period specified by the respective App Store. Termination for good cause remains unaffected.
6.3 The billing is done via the respective App Store.
7 Cancellation and termination of membership and PRO subscription
7.1 The free membership according to Number 3.1 can be terminated at any time by private contract. For this purpose it is sufficient if the user selects the function provided for this purpose in the settings of the app and terminates his membership in the Fddb Internet portals accordingly. All profile data generated by the user will then be deleted immediately and irretrievably on the Fddb Internet portals. The user is solely responsible for a previous backup of the data.
A PRO subscription can be terminated at any time in compliance with the notice periods and other conditions of use specified in the respective App Store via the respective provider (eg Apple, Google Play Store, etc.).
7.3 The right to extraordinary termination of membership for good cause (§ 314 BGB) remains unaffected. An important reason for Fddb Extender, in particular, if the user has continued serious or despite a warning from Fddb Extender and culpably violated these terms and conditions.
8 Content and obligations of users
8.1 The user is entitled and obliged to use the app exclusively for its own, non-commercial or commercial purposes. Commercial use is permitted only with the permission of Fddb Extender.
8.2 Fddb Extender is merely a technical service provider. The content posted on the platform of the Fddb Internet portals by the users and third parties such as product names, food data, nutritional values, photos, etc. are processed exclusively on servers of Fddb Internet portals and stored there. This data of the platform can only be retrieved via the app or via the app data can be stored on the platform or overwritten. As a result, Fddb Extender has no knowledge of the content generated by the users of the App and published through the Platform; a selection of the content posted by the user or any other control of this content by the provider does not take place.
8.3 By posting content, the author grants Fddb Extender and the Fddb Internet portals a non-exclusive, unrestricted right to use and exploit this content. These rights also remain in the event of termination of membership. In addition, the provisions of Section 7 apply.
8.4 The hiring person is responsible for compliance with the legal requirements regarding the content posted by third parties. Each user has to observe the applicable law and to protect the rights of third parties. In particular, users are prohibited
- to violate third party rights such as trademarks, copyrights and naming rights;
- intentionally add or insert untrue, abusive, libelous, anti-competitive, pornographic, harmful to minors or otherwise criminally relevant content;
- to harass other users and / or third parties;
- to use the App or Platform for direct or indirect advertising purposes in accordance with Section 9;
- to set direct or indirect advertising content;
- to post or compose posts that deviate from the thematic requirements of the platform or the app; to stop posts that violate common decency;
- to add links to websites with any of the above content, as well as
- to use any mechanisms, software and / or scripts beyond the functionality and interfaces provided by the Provider on the Platform, in particular if it blocks, modifies, copies and / or overrides Provider Services and if such services are required for the contractual use of Fddb Extender.
9 Scope of permitted use, prohibited advertising content and sanctions
9.1 Users are prohibited from making any direct or indirect reference to commercial or other commercially motivated companies, in particular from the field of nutritional advice, product distribution, affiliation, or other paid offers, products or services of any kind or to promote them. Also, links (URL) with a referrer link for affiliate programs are prohibited. If there are any doubts as to whether the planned content is forbidden content in the aforementioned sense, the users must contact beforehand by mail to email@example.com.
9.2 The provider is entitled to delete any illegal content. He is also entitled to exclude individual members of the use of the app, if this is justified by objective reasons, such as a disruption of the operation or a contractually adverse use of the app or platform.
9.3 Fddb Extender may, at its reasonable discretion (§ 315 BGB), impose one or more sanctions on the hiring person, taking into account the interests of the member, if these violate these terms and conditions or an important reason within the meaning of para. 7.4 of these terms and conditions. The severity of the sanctions depends on the gravity of the respective infringement. The sanction remains in force until the sanctioned act is removed by the member and any risk of repetition is removed.
9.4 Sanctions include: (i) disabling or blocking individual services or content for the affected user; (ii) deleting, postponing or closing the content posted to the user, (iii) completely blocking access to the app and / or Platform including the membership profile as well as (iv) the complete deletion of an account. The right to extraordinary termination for good cause by Fddb Extender according to para. 7.4 shall remain unaffected by this as shall the assertion of further claims.
10.1 Unless otherwise stated in these terms and conditions, Fddb Extender is liable in the context of using the app in accordance with the following provisions.
10.2 For damages caused intentionally or grossly negligent by Fddb Extender or by its legal representatives, executives or simple vicarious agents, Fddb Extender is liable without limitation.
10.3 In cases of slightly negligent violation of only insignificant contractual obligations Fddb Extender is not liable. Incidentally, the liability of Fddb Extender for damages caused by slight negligence is limited to those damages which are typically expected to arise within the scope of the respective contractual relationship (contractually foreseeable damages). This also applies to slightly negligent breaches of duty by the legal representatives, executives or simple vicarious agents of the provider.
10.4 The above limitation of liability does not apply in the case of malice, in the case of bodily injury or personal injury, for breach of warranties and for product liability claims.
10.5 The user is liable for breaches of duty of the user, in particular for infringement of third-party trademarks, copyright, protection and naming rights. The user indemnifies Fddb Extender from all claims of other users and third parties for payment against Fddb Extender for an infringement the content posted by a user and / or the use of the app by the user are asserted. Upon first request, the user accepts all Fddb Extender incurred and reasonable costs resulting from such an infringement. This includes in particular the necessary costs of legal defense. This does not apply if the user is not responsible for the infringement. Other claims of Fddb Extender against the user remain unaffected.
10.6 The availability of the app according to Number 2.3 may be temporarily due to technical faults that are not represented by Fddb Extender, or for reasons of force majeure (loss of power and / or Internet, fire, explosion, earthquake, storms, floods, not from the provider and / or in part, as well as performing maintenance to maintain and improve the operability and functionality of the App. For the consequences of a limited availability, the provider is liable only in the context of a promised to the user in the specification and only in accordance with the provisions of para. 10.1.
11 Final provisions
11.1 The law of the Federal Republic of Germany applies excluding the UN sales law and the conflict of laws; Art. 3 EGBGB remains unaffected. If, at the time the membership is established, the user is habitually resident in another country within the EU / EEA, the application of the mandatory legislation of that country remains unaffected by the choice of law made in these terms and conditions.
11.2 Fddb Extender is entitled to transfer the contractual relationship with the user to a third party ("contract transfer"). Hereby the offeror informs the user at least one calendar month before the date of the contract transmission in text form (§ 126b BGB). If, within one calendar month of receipt of this information, the user terminates the termination of his membership, including any paid services of a PRO subscription, the membership ends at the latest at the time of the contract transfer. Otherwise, the membership with all rights and obligations passes to the third party, as it existed at the time of the contract transfer between user and provider.
11.3 Verbal collateral agreements were not met. Changes and additions to these terms and conditions as well as all statements of the parties related to the membership require the text form to be effective (§ 126b BGB).
As of February 2019 – Version 1.5.4 (2)