Terms of Service (Nutzungsbedingungen)

1. Scope and Provider

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1.1 These Terms of Service govern the use of the FoodEcho mobile application ("App"). By downloading or using the App, you agree to these terms.

1.2 Provider of the App:

Klasen und Schmitt GbR
Saarbrücker Straße 2
54439 Saarburg
Deutschland
Email: foodecho [at] gmx [dot] de

2. App Description and Data Storage

2.1 FoodEcho is an offline-first health tracking application that:

  • Stores all data exclusively on your device
  • Does not transmit data to external servers
  • Functions completely offline
  • Allows local recording of nutrition and health data

2.2 The app is provided "as is" and "as available". We reserve the right to modify, suspend, or discontinue the app or any features within it at any time without notice.

3. Required Permissions and Data Access

3.1 To function properly, the app requires:

  • Storage access (to save your data locally)
  • Automatic collection of crash reports and anonymous usage data for app improvement (based on our legitimate interest under Art 6(1)(f) GDPR)

3.2 We only request permissions that are essential for core functionality. You can revoke these permissions at any time through your device settings, but this may limit app functionality.

4. User Rights and Obligations

4.1 Users receive a simple, non-exclusive, non-transferable license to:

  • Install the app on their personal device
  • Use the app for personal health tracking
  • Export their data
  • Delete their data

4.2 Users are responsible for:

  • The accuracy of entered data
  • Regular data backups
  • Device security
  • Keeping their health data confidential
  • Compliance with applicable laws

4.3 Right of Withdrawal:

As the App operates exclusively offline and offers no paid services, a formal right of withdrawal under § 312g BGB is not required. Usage can be terminated at any time by uninstalling the App.

5. Medical Disclaimer

5.1 Important health and medical notices:

  • The app is not a medical device under EU MDR 2017/745
  • Does not provide medical advice or diagnosis
  • Cannot replace healthcare professionals
  • Is for personal documentation only
  • No liability for health-related decisions

5.2 Always consult qualified healthcare professionals for medical advice. Do not disregard professional medical advice or delay seeking it because of information recorded in this app.

6. Data Protection and Privacy

6.1 Data handling in the app:

  • All data stays on your device
  • No cloud storage or synchronization
  • No data sharing with third parties
  • You control all your data
  • Data processing according to GDPR
  • Crash reports contain only anonymous technical data (device model, OS version, crash traces) without personal identifiers

6.2 For complete information, see our Privacy Policy.

6.3 Third-Party Services: We use Firebase Crashlytics (Google LLC) for crash reporting under Google's EU-US Data Privacy Framework certification. Collected data is:

  • Processed anonymously
  • Not personally identifiable
  • Used solely for app stability improvements
  • Subject to Google's GDPR-compliant data processing terms

7. App Store Specifics

7.1 When downloading through the Apple App Store:

  • Apple's terms of service apply to the download
  • App Store account information is processed by Apple
  • Installation data is handled by Apple
  • Apple is not responsible for the app content
  • Support requests should be directed to us

8. Limitation of Liability

8.1 To the extent permitted by law:

  • We are not liable for data loss
  • No warranty for uninterrupted app operation
  • No liability for decisions based on app data
  • Maximum liability limited to gross negligence

9. Changes to Terms

9.1 We reserve the right to modify these terms.

9.2 Users will be notified of significant changes through the app or our website.

9.3 Continued use after changes constitutes acceptance.

10. Final Provisions

10.1 These Terms are governed by German law.

10.2 If any provision is invalid, the remaining provisions remain effective.

10.3 Place of jurisdiction is Saarburg, Germany, where legally permissible.

10.4 The original German version of these terms prevails over any translations.