Terms of service

1. Introduction

We, the feastr GmbH have the goal of providing everyone with a healthy, balanced, and goal-oriented diet. We welcome you to our platform and look forward to our shared journey.

The following Terms of Service set out the legal framework for using feastr and the services that we offer. Please read these Terms of Service carefully.

2. Parties to the contract and scope

2.1. These Terms of Service (hereinafter referred to as "TOS") apply between feastr GmbH, Walther-Rathenau-Str. 33, 86199 Augsburg (hereinafter referred to as "feastr", "provider", "we" or "us") and the customer (hereinafter referred to as "user"). The subject of this contract is the free or paid use of the services offered by us via our websites and software applications (hereinafter referred to as "meal plan").

2.2. The meal plan is intended exclusively for consumers. The term "consumer" corresponds to the legal definition in Section 13 German Civil Code (BGB). A user is thus a "consumer" insofar as the use or purchase of the meal plan cannot be assigned primarily to the user's commercial or self-employed professional activity.

2.3. Users' TOS or terms that deviate from these terms of service do not apply.

3. Services and Prices

3.1. The scope of the services depends on whether you use the services free of charge or for a fee. The paid meal plan can only be accessed after free registration.

When using the services free of charge, users only have access to certain basic functions and information of the meal plan. An extended range of functions is available to the user if they have activated the paid meal plan separately as part of a subscription.

The provider has the option of offering the user a free trial period of the paid meal plan. The provider determines for how long a trial period is available to the user. It is at the sole discretion of the Provider which user can participate in a trial offer. The Provider may change the scope of services of the trial offer or terminate the provision of a trial offer at any time. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when entering billing details (which may be required before the commencement of the free trial period).

The foods suggested as part of the meal plan are not part of the feastr services and need to be purchased by the user separately at their own cost.

3.2. For information on the available subscription models and services, consult the website https://www.feastr.de/ or one of the marketplaces. All prices stated include the applicable VAT.

4. Terms of service for participating

4.1. The use of the meal plan is at your own risk.

4.2. The provider explicitly points out that the meal plan is only suitable for users who are in a good general state of health. In the case of known pre-existing diseases of the cardiovascular system, the respiratory tract, the musculoskeletal system, or other health problems, the provider recommends consulting a doctor before starting the meal plan. In addition, before consuming a recommended food, users must independently check whether the ingredients or contents could trigger allergies or food intolerance. If recommended foods cause allergies or food intolerance, they should not be consumed.

4.3. The meal plan is not suitable for people with diabetes or pregnant women without first consulting their physicians. The meal plan is unsuitable for treating morbid obesity. Participation in the program is in no way a substitute for a medical examination or treatment. The provider does not give medical advice.

4.4. Health and nutrition advice is constantly evolving. Even if the nutritional suggestions are based on current studies and findings, the provider does not guarantee that they correspond to the latest research results or findings.

5. Registration

5.1. The use of the meal plan requires the creation of a user account. For this, it is necessary for the user to enter personal data such as sex, nutritional goal, date of birth, weight, height, and name. You can open a user account via our mobile apps. When registering, the user is requested by the provider to accept the general terms and conditions and the privacy policy. After logging in, the provider sends the user an e-mail in which they will be asked to verify the registration by clicking on the "Confirm email" button. After pressing the button, the user is redirected to the app or forwarded to the website, where the provider finally confirms the registration. Only then is the registration process complete.

A user also has the option of signing in with their Apple, Google, or Facebook accounts. In this case, the sign-in process is completed when they have entered the account information for their corresponding account and confirmed to proceed.

5.2. By accepting the TOS, the user allows the provider to send them information and promotional emails related to the product to the email address provided. With each reception of informational or promotional emails, users can unsubscribe from these emails or object to their receipt. From the time of unsubscribing or after the processing of the objection, the user will no longer receive any information or promotional emails.

6. Conclusion of a Contract

6.1. A user contract for the free service is formed as soon as the user completes their registration. The provider stores the data provided by the user during registration.

6.2. The user can purchase additional services in the form of a paid meal plan as part of a subscription. It depends on the marketplace (e.g. Apple App Store, Google Play Store) how a user can upgrade. The specific procedure can be found in the terms and conditions of the respective marketplace operator.

The purchase contract is formed according to the conditions of the respective marketplace. These conditions determine whether the purchase contract is formed between the user and the marketplace or between the user and the provider.

7. Terms of validity and Conditions of Payment

7.1. The user contract for the free service is valid for an indefinite period.

7.2. Paid meal plans are concluded for varying fixed terms. The payment is due for the entire term of the subscription upon the conclusion of the contract as a one-off sum. The subscription is automatically renewed for the same period as has been selected by the user (e.g. 1, 3, 6, or 12 months) until the user cancels it. The deadlines for termination can be found in the respective marketplace. The payment for a renewal period is collected in advance at the start of the relevant renewal period.

7.3. In-app purchases are billed via the respective marketplace. The terms of payment specified by the respective marketplace operator apply.

8. Termination of contract

8.1. Either party can terminate the user contract for the free service at any time without notice. To cancel, the user has to select the necessary settings in their profile. Deleting the app is not sufficient. Termination of the user contract leads to the deletion of the user account and the user will no longer have access to content that they already purchased. The data provided by the user and the content posted will be deleted.

If the user has a running subscription, they must first cancel the subscription in accordance with Section 8.2 of these TOS. The user contract can then be terminated in the aforementioned manner.

8.2. A user can cancel the paid meal plan without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. In order to cancel, the user must send an email to hello@feastr.de in which the intention to cancel the paid meal plan is clearly recognizable.

For technical and legal reasons, subscriptions purchased via in-app purchase must be canceled using the settings in the respective app store. In this case, Apple and Google act as resellers of the services. The exact procedure can be found in the conditions of the respective marketplace operator.

If contrary to Section 8.1, the user terminates his contract for the free service before canceling their paid meal plan, the meal plan can no longer be used. However, although the subscribed content can no longer be accessed due to the cancellation of the free service, this does not end the booked subscription for the paid meal plan and further costs may be incurred on an ongoing basis unless the subscription is canceled separately. There is no entitlement to reimbursement of usage fees.

8.3. The right to cancel for good cause remains unaffected for the provider and the user. In particular, the provider is entitled to terminate the user contract for the free service or the paid meal plan with immediate effect and to delete the user account if the user seriously or repeatedly violates the provisions of the user contract or these terms of service, or is in arrears with payment obligations.

9. Right of Withdrawal

9.1. If the contract is concluded with the provider (and not with the marketplace operator), the user has a statutory right of withdrawal against the provider, which is explained below.

9.2. The user has the right to withdraw the contract within 14 days without stating any reasons. The withdrawal period runs for 14 days from the conclusion of the contract. To exercise the right of withdrawal, the user must inform us:

feastr GmbH
Walther-Rathenau-Str. 33
86199 Augsburg
hello@feastr.de

of their decision to withdraw from this contract through clear declaration (e.g. a letter sent by post or email). The user can use the following sample withdrawal form for this purpose but is not obliged to do so:

feastr GmbH
Walther-Rathenau-Str. 33
86199 Augsburg

I/we (*) hereby withdraw the contract I/we (*) concluded 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 if communicated on paper)
Date

(*) Delete as appropriate

To meet the withdrawal deadline it is sufficient for the user to send us the notification of exercising the right of withdrawal before the withdrawal period has expired.

9.3. Consequences of withdrawal

If the user withdraws their contract, the provider is obliged to refund all payments that they have received from the user, including delivery costs (except for the additional costs resulting from the user choosing a different type of delivery than the cheapest standard delivery offered by the provider), quickly and at the latest within 14 days from the day on which the notification of the withdrawal of this contract was received by the provider. For this refund, the provider uses the same means of payment that the user used in the original transaction, unless something else was expressly agreed with the user; In no case will the user be charged any fees for this refund.

In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of withdrawal also expires if the provider has started executing the contract after the user has expressly agreed that the provider may start executing the contract before the expiry of the withdrawal period begins and the user has confirmed that they lose their right of withdrawal by consenting to the execution of the contract.

10. Availability and liability

10.1. The provider offers its services based on the current technical, legal and commercial framework conditions of the Internet. The provider tries to provide online access to the products 24 hours a day, 7 days a week. However, liability for constant availability is excluded.

10.2 Any claims for damages by the user are excluded. A user's claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents remain unaffected. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

10.3. In the event of a breach of essential contractual obligations as a result of slight negligence, the provider's liability is limited to reasonable, foreseeable damage. Liability in the event of any injury to life, limb, or health that is the provider's fault remains unaffected by the abovementioned limitations. Otherwise, the provider's liability is excluded.

10.4. The exclusions of paragraphs 10.2. and 10.3. also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

10.5. Claims under the German Product Liability Act remain unaffected by the abovementioned liability exclusions or limitations.

11. Nutzungsrechte

Unless it is expressly about works under a Creative Commons license, all texts, images, and other works created by the provider are protected by copyright. Distribution or publicly making available requires the prior consent of the provider. The user is granted a simple and non-transferable right to this content to use it in a non-commercial form within the contractual provisions.

12. Data protection

The privacy policy is available at https://www.feastr.de/en/privacy/.

13. Changes to the TOS

13.1. The provider reserves the right to modify the terms of service at any time.

13.2. In the event of a change in the TOS, the provider will notify the user in writing. If the user does not object to the validity of the new terms of service within two (2) weeks and continues to use feastr, the new terms of service are deemed to have been accepted. The provider will advise the user again separately of their right to object, the deadline to do so, and the legal consequences of their objection or failure to object.

13.3. If the user objects to the changes to the terms of service, the provider expressly reserves the rights of ordinary cancellation.

14. Final Provisions

14.1. Should any individual provisions of these TOS be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

14.2. The relationship between the parties is governed exclusively by German law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that consumer law provisions are mandatory to apply.

14.3. If the user does not have a place of general jurisdiction in Germany or another EU member state, is a merchant or has relocated his permanent place of residence to a country outside of the EU after these terms of service have entered into effect, or if their place of residence or usual place of residence at the time the complaint is filed is not known, the exclusive place of jurisdiction for disputes is the provider's place of business.