§1 Conclusion of the subscription contract; contract language; storage of the contract text
(2) The subscription agreement for the PlayStore of Google Commerce Limited is concluded when you click on “AGREE” again after selecting the App in the PlayStore and clicking on the button showing the price of the App. Until then, you can opt out of the subscription contract at any time by simply pressing the back button on your mobile device.
(3) The subscription contract via the AppStore of Apple Inc. is concluded when, after selecting the App in the AppStore and clicking on the button bearing the price of the App, you confirm the purchase process by clicking on the corresponding button or by releasing it with your fingerprint. Until then, you can cancel the subscription contract at any time by simply pressing the back button on your mobile device.
(4) After concluding the subscription contract, you must first create a user account with us. Please take note of our data protection information regarding the processing of your personal data.
§2 Subscription, contract extension, termination
§3 Prices, payment
The prices for the subscription can be found in the app description. Payment is made through your PlayStore or AppStore account.
§4 Scope of services; no liability for information provided by third parties; limitation of interoperability and compatibility
(1) The object of our services in App HealthMe is the access to databases of external providers, such as manufacturers, in-market bringers or corresponding database providers, with the purpose of displaying allergens and nutrients contained in the queried foods. The object of our services, however, is not the production and maintenance of such databases and the information contained therein. Accordingly, we assume no liability for possible false or misleading information that is passed on to our app by manufacturers, marketers or the corresponding database providers or that you can access via our app. In case of doubt, we therefore recommend to consider the packaging of the scanned product or to contact the manufacturer or In-den-Markt-Bringer directly.
(2) Further functions of the App HealthMe are described in the AppStore or PlayStore.
(3) Without internet connection the use of our App is only partially possible. For a retrieval from the databases you need an internet connection. For the use of an internet connection, fees may always be charged by the internet providers.
(4) You can only use the subscription you have purchased for the app of the operating system (Android or iOS) from whose store (PlayStore or AppStore) you downloaded the app. The subscription is linked to your Google or Apple ID that you were logged in with when you downloaded the App. If you change your mobile device to one with a different operating system or use a mobile device with a different Google ID or Apple ID, you will not be able to use our App without re-subscribing.
§5 Right of withdrawal for consumers
As a consumer within the meaning of § 13 BGB you have a right of revocation when downloading our app according to the following revocation instruction. However, your right of revocation shall lapse if we or Apple Inc. or Google Commerce Limited have commenced performance of the contract after you have expressly agreed that we or Apple Inc. or Google Commerce Limited will commence performance of the contract prior to the expiry of the revocation period and you have confirmed that you understand that by giving your consent you will lose your right of revocation upon commencement of performance of the contract.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must inform us (Declareme UG (limited liability ), Kurfürsten-Anlage-52, 69115 Heidelberg, Germany, phone +49 (160) 699-00-68, e-mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
– To: Declareme UG (limited liability), Kurfürsten-Anlage-52, 69115 Heidelberg,
Germany, e-mail: email@example.com:
– 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 the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
(1) The warranty is provided in accordance with the statutory provisions.
(2) The user shall have no claims for defects if errors or malfunctions are due to the fact that the user has not properly installed the updates or upgrades provided to him.
(3) In the event of defects occurring and duly notified by the user, it is left to our discretion whether we remedy them by repair, bypass, update or upgrade delivery, provided that this does not result in unreasonable disadvantages for the user (e.g. due to greatly increased system requirements).
§7 Limitation of liability
We are liable, regardless of the legal grounds, exclusively in accordance with the following regulations:
(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 an essential contractual obligation, the fulfilment of which is essential for the proper execution 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 that have not been made. The 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 which make the proper execution of the contract considerably more difficult or temporarily hinder it. 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, seizure, natural disasters, strikes, decisions of authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible. A circumstance shall only be considered as force majeure if it has occurred after the conclusion of the contract.
(4) The strict liability of us for initial defects is excluded.
(5) Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff, representatives and vicarious agents.
§8 Severability clause, place of jurisdiction, online dispute resolution and consumer dispute resolution proceedings
(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 also applies if the user’s registered office is 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.
(4) We are neither obliged nor prepared to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).