Last update: 20.04.2020
Welcome to FoodPal. Thank you for selecting and using our app and related services ("Services"). By registering with us and using the App, you agree to be bound by these Terms and Conditions ("TOS"). Therefore, please read them very carefully. If you do not agree with our TOS, unfortunately you will not be able to use FoodPal.
About FoodPal
FoodPal is a digital, interactive and customizable nutrition coach for smartphone & tablet and available online at www.foodpal-app.com or in the iPhone App Store and Google Play Store.
FoodPal will support you to eat a sustainable healthy and balanced diet. FoodPal helps you achieve your nutritional goals, whether you want to lose weight, gain weight, maintain weight or build muscle.
FoodPal creates a nutrition plan that is perfectly tailored to you, with the optimal amount of energy and the optimal mix of nutrients for perfect nutrition. FoodPal adapts to your needs and preferences and gets to know you better over time - a real coach and friend.
FoodPal gives you a complete overview of your nutrition. FoodPal registers when you deviate from your route and optimizes your nutrition plan immediately and automatically. Deviations are always compensated. Like a dynamic navigation system, FoodPal always brings you to your destination, even if you have deviated from the route.
FoodPal gives you constant motivation and increases your stamina to reach your goal.
FoodPal brings you back the fun of healthy and balanced nutrition and control over your diet.
Terms of use
In order to use FoodPal, you must follow a few simple rules. FoodPal is only available for your private use and is not intended for commercial use. FoodPal may only be used within the framework of the legal regulations and these terms and conditions. By using FoodPal you agree that ....
- You are solely responsible for the activities within Your Account and all content You upload and/or create in Your FoodPal Account.
- FoodPal does not monitor the content of Your Account, but may remove material from Your Account and terminate Your Account and/or subscription at any time in its sole discretion.
- Your membership to FoodPal, including Your Mails and Password, is personal to You and may not be transferred to or used by anyone else. You are responsible for keeping your login information safe.
- FoodPal is not responsible in any way for any damage caused by unauthorized access to your account or use of your login information. If you have knowledge or suspicion of unauthorized use of your account, you are obligated to inform FoodPal immediately. Contact information can be found in the imprint or at the end of these terms and conditions.
- FoodPal is not intended for use by persons under the age of 14. You must be at least 14 years old to use FoodPal.
- violation of these terms and conditions will result in immediate termination of your account and subscription without refund of purchases already made.
- Advertising, commercial offers and/or references to where commercial offers can be found (e.g. links) are not allowed within FoodPal.
- FoodPal contributions to propaganda, religious and/or political opinion contributions or contributions, which contain information, which in any way contain a connection to racism, child pornography or pornography or concern such, in the context of the use of FoodPal expressly forbidden.
- FoodPal defamation, insults or harassment of others in the context of the use of FoodPal expressly prohibited.
- no files (e.g. malicious software such as viruses and trojans) are transferred and/or distributed by you that can damage FoodPal or the computers or property of others.
- You may not share the personal information of others without their permission.
Account
As a user you get an account. In this account you can change and manage your data. You can cancel/close your account at any time. Please note that uninstalling your mobile application or closing your account does not automatically terminate your subscription - you must actively cancel your subscription.
Please also note that if you subscribed to FoodPal through the iPhone App Store or Google Play Store, you will need to cancel your subscription. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website. Special terms apply to FoodPal Premium.
FoodPal has no obligation to monitor the content of your account. Inactive accounts may be deleted by us.
Health and nutrition advice
FoodPal is not a medical advisor and does not offer any medical diagnoses or the like. You are therefore responsible for your own health. The information and nutritional suggestions provided by FoodPal are intended only as support for a balanced and healthy diet and may only be used for that purpose. In any case, consult your doctor before you want to lose weight with FoodPal or if any complaints should occur. FoodPal cannot guarantee results or improvements in health, weight and/or wellness. Also, our offer is intended for healthy people only. Please do not use FoodPal if you have or may have a medical condition that can be worsened by dieting.
Although FoodPal verifies nutritional information in our database, we cannot guarantee that FoodPal's dietary suggestions are accurate, reliable, or complete. FoodPal is not liable for personal injury or other damages, if any, directly or indirectly resulting from the use or misuse of FoodPal.
FoodPal Premium and in-app purchases
If you subscribe to or intend to purchase FoodPal Premium or other paid in-app products and/or services, this chapter is important for you. By paying the respective (subscription) fee, you get access to FoodPal Premium during the agreed term or the respective products under the following conditions:
- All FoodPal Premium subscriptions and in-app products are payable in advance.
- You can find the current subscription fees on our FoodPal website (www.foodpal-app.com) and in the mobile application.
- You will be notified of your obligation to pay by a clear marking and you must explicitly confirm the claim by clicking the appropriate field.
- FoodPal accepts common non-cash payment methods such as credit card payment, PayPal, Apple iTunes and Google Play. Special conditions may apply.
- FoodPal reserves the right to change subscription fees as needed.
- You may cancel your membership at any time; in case of cancellation, your membership will continue until the end of the agreed subscription period for which you have already paid.
- If you purchased the FoodPal subscription through iPhone App Store or Google Play Store, you can cancel the subscription only through these services.
- You give your consent to start using FoodPal Premium or other paid services immediately by signing up for them.
- The 14-day period to cancel the contract with FoodPal starts from the date when you receive the confirmation of your subscription or other paid services by email. This period also applies if you do not start using the service within this period. To exercise your right of withdrawal, send FoodPal an email to the email address given in the imprint or at the end of this document. Prepaid fees will be refunded to you within 30 days.
- All payments made through Apple, for example in-app purchases, can only be refunded by Apple with their consent. Should you wish to contact Apple, you may do so at "https://support.apple.com/de".
- Late payments will not be considered as the termination of FoodPal Premium subscription.
Intellectual Property
All intellectual property, that is, all rights including all trademarks, service marks, trade names and copyrighted content displayed within FoodPal, is the property of FoodPal and/or third parties. You hereby agree not to use the Intellectual Property for any purpose other than for Your use of FoodPal, except as otherwise required by applicable law.
If You submit material or content to FoodPal, You warrant and represent that You own the copyright, trademark and/or other proprietary rights thereto. You agree to grant FoodPal a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the User Material to the extent necessary for FoodPal to operate and maintain the Service. This license remains valid until the respective User Material is deleted by You or by FoodPal in accordance with these TOS.
Disclaimer and limitation of liability
FoodPal is provided "as is" without warranty of any kind. You use FoodPal at your own risk. FoodPal does not assume any liability, warranty, express or implied, or responsibility ....
- o for FoodPal and its availability to be uninterrupted or error-free.
- o for any errors or omissions in the information, software or other materials, including User Materials, referenced or linked to.
- o for references or links to third-party websites provided in the current version.
- o for indirect or consequential damages, except in cases of willful misconduct or gross negligence.
Data protection
Information about the type, scope, location and purpose of the collection, processing and use with regard to the personal data required for the execution of FoodPal by us as well as your right to information and the right to correction, blocking and deletion can be found in the data protection provisions.
Other
You are not entitled to transfer your rights and/or obligations under these GTC or the use of FoodPal to a third party without FoodPal's prior written consent. FoodPal is entitled to transfer its rights and/or obligations in accordance with these GTC.
FoodPal reserves the right to refuse service to any person at any time for any reason. FoodPal will revise these GTC from time to time and adjust them to the current circumstances in each case. The latest version will always be available on the FoodPal website (www.foodpal-app.com) or in the App. Any material changes will become effective between You and FoodPal after You accept the relevant changes, for example, by using FoodPal after being notified of the change, renewing Your Premium Subscription or continuing to make In-App Purchases.
Applicable Law and Dispute Resolution
These TOS and the use of FoodPal shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding its conflict of law provisions. The place of jurisdiction for all claims arising from these GTC or in connection with these GTC or the use of FoodPal is Hamburg.
Contact details
FoodPal is always available for information, questions or support. You can reach us under the indicated contacts. We will try to answer you as soon as possible.
FoodPal UG (limited liability)
At the Klein Flottbek train station 59
22609 Hamburg
GERMANY
www.foodpal-app.com
