Terms of use and cancellation policy for the HealthMe-App

§ 1 Formation of Contracts with the Provider and Correction Notices; Contractual Partner; Contractual Language; Storage of the Contractual Text

  1. The provider of the HealthMe app and the services offered via it (unless expressly stated otherwise) is Declareme GmbH, represented by the managing director Victoria Noack, with its registered office in Heidelberg (hereinafter: "we"). The app, including access to the services offered via it, can only be downloaded via the App Store of Apple Inc. with its registered office in the USA or via Google Play of Google Commerce Limited with its registered office in Ireland.
  2. The app can be downloaded free of charge and used with limited functions without charge. However, use of the app requires registration with an email address and password. The free usage agreement between you and us comes into effect when you click on the register button. Please also read our data protection declaration for information about the processing of your data by us.
  3. It is possible to activate further functions of the app for a monthly fee (premium). The premium functions can either be booked separately or in a bundle with a test of our partner laboratory. You can find the term and cancellation regulations in § 2 of these terms of use.
  4. Paid subscription contracts are concluded via the app; in these cases, the contractual partners are us in accordance with these terms and conditions as well as the provider of the respective operating systems under which the app runs (Google or Apple). These providers also refer to their terms and conditions in the purchase process. The purchase of the bundle, on the other hand, is only possible via our web shop. The contractual partners in this case are us and our cooperation partners whose tests we distribute. The contracts are concluded as described below:
    1. A paid subscription contract is concluded in the Android app (Google play) as follows: You select whether you only want to purchase the premium functions or the bundle. If you select the bundle, you will be redirected to our shop website and the contract will be concluded as described in paragraph 4 c). If you only select "Premium", a window will appear in the next step in which you will be asked to agree that we begin with the execution of the contract immediately after the conclusion of the contract. Once you have clicked on "Agree", you will see your selection, the price, the cancellation conditions and your payment method again. You can still change the payment method at this point. Until then, you can still refrain from concluding a contract. A contract with costs is not concluded until you click on "Type & Buy".
    2. A paid subscription contract is concluded in the iOS app (Apple) as follows: You select whether you only want to purchase the premium functions or the bundle. If you select the bundle, you will be redirected to our shop website and the contract will be concluded as described in paragraph 4 c). If you only select "Premium", a window will appear in the next step in which you can see your selection and the price again. By clicking on the corresponding button or by releasing your fingerprint, the contract is concluded. Until then, you can cancel the subscription contract at any time by simply pressing the back button on your mobile device.
    3. The purchase of the bundle, i.e. the purchase of the selected test including the 24-month subscription for our premium functions, is concluded as follows: After selecting the test, you will be redirected to our web shop. There you have to enter your data and then click on "Continue to shipping". After you have checked or changed your details there, you must click on "Continue to payment". In the next step, you can select the payment method and then click on "Check order" again. In the last window you can check your order and correct all your details by clicking on the "Change" links or by clicking on the corresponding buttons in the order process. Only when you click on the "Pay now" button do you make a legally binding declaration regarding the conclusion of the contract. The contract is concluded when we accept the contract by e-mail or the test kit is dispatched.
  5. The contract languages are German and English.
  6. In the event of the purchase of our Android app, you will receive the contractual provisions with details of the app from Google Commerce Limited. We will send you these terms and conditions of use including the cancellation policy and our data protection information by e-mail each time you conclude a contract with us. We do not store the contractual provisions for you.

§ 2 Subscription, contract extension, termination

  1. The free user contract can be terminated by either party at any time without notice.
  2. If you only book the premium functions without the bundle, a paid subscription at the stated monthly price is created by booking as described in § 1 paragraph (4) of these terms of use, which is always extended by one month if it is not terminated with a notice period of 24 hours to the end of the contract term. When purchasing a bundle, a 24-month term for the premium functions is included. After expiry of the 24 months, the subscription for the premium functions is extended by one month in each case if it is not terminated with the notice period from § 2 paragraph (2) sentence 1. Depending on the store in which you have subscribed to access, you can cancel the subscription on Google play or in the App Store by switching off the extension. We can cancel your subscription with the same notice period. We will cancel your subscription by sending an email to the email address you provided when you registered. On both Google play and the App Store, you will receive information about the renewal of your subscription in good time before the end of the cancellation period if you have not switched off this function. If you have purchased the bundle, you will receive an email from us in good time before the end of the 24 months with information about the automatic contract extension.
  3. The right to extraordinary termination of both parties remains unaffected.

§ 3 Changes to the app and the services offered via it

We may also make changes to the App and the services offered via it that go beyond updates that are necessary to maintain the contractual compliance of the App and the services offered via it (including security updates), if new services are offered with it, if we have to adapt the App and/or our services to changed legal framework conditions or if the offer of our service providers that we have integrated into the App and/or our services changes, you do not incur any additional costs as a result of the change and we inform you clearly and comprehensibly about the change.

§ 4 Prices, payment

The prices for the Premium Subscription and the Bundle result from the description in the App. All prices include value added tax applicable in Germany at the time. Payment is made through your Google play or App Store account or in our web shop via the payment service selected by you

§ 5 Scope of services; no liability for information provided by third parties; limitation of interoperability and compatibility.

  1. The object of our services in the HealthMe app is access to databases of external providers, such as manufacturers, in-market suppliers or corresponding database providers, with the purpose of displaying allergens and nutrients contained in the queried foods. However, the object of our services is not the production and maintenance of such databases and the information contained therein. Accordingly, we do not assume any liability for possible incorrect or false information that is passed on to our app by manufacturers, in-market suppliers or the corresponding database providers or that you can retrieve via our app. In case of doubt, we therefore recommend that you refer to the packaging of the scanned product or contact the manufacturer or distributor directly.
  2. The other functions of the HealthMe app can be found in the description within the app and on Google play or in the App Store.
  3. Without an internet connection, the use of our app is only partially possible. You need an internet connection to retrieve data from the databases. For the use of an internet connection, fees may always be charged by the internet providers.
  4. You can only use the purchased subscription for the app of the operating system (Android or iOS) from whose store (Play Store or App Store) you have downloaded the app. The subscription is linked to your Google or Apple ID with which you were logged in at the time of downloading the app. If you change your mobile device to one with a different operating system or if you use a mobile device with a different Google or Apple ID, you will no longer be able to use our app without booking a subscription again.

§ 6 Right of withdrawal for consumers

As a consumer within the meaning of § 13 of the German Civil Code (BGB), you have a right of revocation in accordance with the following revocation instructions both when concluding the free usage contract, the paid subscription contract and when purchasing the bundle.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Declareme GmbH, Kurfürsten-Anlage 52, 69115 Heidelberg, Germany, telephone +49 (160) 699-00-68, e-mail: info@declareme.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. 

Sample cancellation form

(If you wish to cancel the contract, please fill in this form and return it).

  • To: Declareme GmbH, Kurfürsten-Anlage 52, 69115 Heidelberg, Germany, e-mail: info@declareme.de
  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of consumer(s) (only in case of paper communication)
  • Date(s)

(*) Delete where inapplicable.

§ 7 Warranty; Exclusion of warranty

  1. The warranty is provided in accordance with the statutory provisions.

We are not liable for a product defect that is solely due to the lack of an update that is required to maintain the contractual conformity of the digital product and that we have provided to you. The foregoing applies only if you have not installed the update within a reasonable period of time despite us informing you of the availability of the update and the consequences of failing to install it. However, it does not apply if you have not installed the update or have installed it improperly because we have provided you with inadequate installation instructions.

§ 8 Limitation of liability

We shall be liable, irrespective of the legal grounds, exclusively in accordance with the following provisions:

  1. We shall only be liable for intent and gross negligence. We shall only be liable for slight negligence in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). We shall only be liable for foreseeable damage, the occurrence of which must typically be expected. This also applies to lost profits and savings. Liability for other remote consequential harm caused by a defect is excluded.
  2. The limitation of our liability shall not apply in the event of injury to life, body and/or health and in the event of liability under the Product Liability Act.
  3. We shall not be liable for events of force majeure which make the contractual services impossible or even significantly complicate or temporarily impede the proper performance of the contract. Force majeure shall be deemed to be all circumstances which are independent of the will and influence of the contracting parties, such as terrorist attacks, embargo, confiscation, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible. A circumstance shall only be deemed to be force majeure if it occurred after the conclusion of the contract.
  4. Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff, representatives and vicarious agents.

§ 9 Severability clause, place of jurisdiction, online dispute resolution and consumer dispute resolution procedure

  1. Should individual provisions of these contractual terms and conditions be wholly or partially invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
  2. If the user is a merchant, a legal entity under public law or a special fund under public law, disputes arising from or in connection with a contract with us shall be subject to the exclusive jurisdiction of the courts at our registered office (currently Heidelberg). This shall also apply if the user is domiciled outside the territory of the Federal Republic of Germany and the contract or claims arising from the contract can be attributed to the user's professional or commercial activity.
  3. The European Commission provides a platform for online dispute resolution (ODR) for consumers. You can reach this at: www.ec.europa.eu/consumers/odr. Our e-mail address is: info@declareme.de
  4. We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).