Terms of Use

§ 1 Scope

(1) These general terms of use of FoodMi (hereinafter referred to as the “Provider”) govern the use of FoodMi services on the website foodmi.app (hereinafter referred to as the “Website”) and the mobile application (hereinafter referred to as the “App” or the “FoodMi App”). They apply regardless of whether the application is used free of charge or for a fee.

(2) Only the following general terms and conditions apply between FoodMi (hereinafter also referred to as the “Provider”) and the user of FoodMi services (hereinafter referred to as the “User”) as amended at the time of use. Divergent general terms and conditions of the User are not recognized unless the Provider expressly accepts their validity.

§ 2 Definition of Terms

(1) FoodMi offers its users a program adapted to the themes of weight loss, weight gain, muscle building and healthy eating. Through the FoodMi App and on foodmi.app, it offers users several ways to familiarize themselves with these topics (hereinafter also referred to as “Services”).

(2) The terms “consumer” and “entrepreneur” correspond to the legal definitions provided by applicable European law. The User is the “consumer” insofar as the use or purchase of the FoodMi App cannot be attributed primarily to the User's independent commercial or professional activity.

(3) The term “distribution platform” refers to the stores of platform operators, such as Google (“Google Play”) and Apple (“App Store”), where the User can select and download the FoodMi App to install on their device.

§ 3 Use of FoodMi Services

(1) FoodMi Services may be used free of charge or for a fee. The App is always free when installed via a distribution platform. Paid use always requires the special and explicit consent of the User within the App (see § 5 and § 6 below).

(2) As a general rule, the FoodMi App can be installed and used on all platforms and devices supported by FoodMi, including mobile phones, smartwatches, tablets and other mobile devices.

(3) By using the Website or installing the App, the User accepts these general terms and conditions. If the User has downloaded the App from a third-party distribution platform, the terms of sale and/or use of the distribution platform apply in addition. In the event of a conflict, these general terms and conditions prevail.

(4) The User confirms that their information is truthful, accurate, up-to-date and complete. Regular updating of personal information is required.

(5) The User is not authorized to circumvent technologies used to control geographic or other access in order to use FoodMi's paid services without authorization.

(6) The User is required to protect their account against unauthorized access and misuse. Any suspicious activity and any potential breach must be immediately reported to the Provider at support@foodmi.app.

(7) If the Provider detects abusive behavior by a User, it is entitled to close the account in question.

(8) You must be at least 18 years old to use our App, unless a parent or legal guardian has consented to its installation and use in accordance with applicable law.

§ 4 Health Notice for FoodMi Services

(1) The Provider is not a medical organization and its recommendations do not constitute medical advice. Due to involuntary weight loss that may be associated with the use of FoodMi Services, the User is advised to consult a physician before using FoodMi Services. This applies in particular to users who are already receiving medical treatment or taking prescription medication. The Provider recommends using FoodMi Services under the supervision of a physician. The Provider disclaims any liability for the User's actions. No content is intended to supplement or replace information provided by a physician or pharmacist. By accepting these Terms, the User confirms that they are solely responsible for their health.

(2) The Provider recommends that the User maintain their weight in accordance with the healthy weight guidelines specified by the World Health Organization (WHO), which correspond to a body mass index (BMI) between 18.5 and 25.

§ 5 Creation of a User Account

(1) The FoodMi App can be used with or without a personalized user account. If a personalized user account is created, the User must enter their email address and choose a password. The User may at any time convert their existing anonymous account to a personal user account by associating their email address with the user account.

(2) The FoodMi App can also be used with a connected device (e.g. Apple Watch or Wear OS device), requiring only the creation of a user account via the corresponding sign-in method.

(3) The FoodMi App can also be used by linking to the User's profile with the platform operator, e.g. by creating a FoodMi user account via “Sign in with Google” or “Sign in with Apple”.

§ 6 Duration and Termination of Free Services

If FoodMi Services are used free of charge, the usage agreement may be terminated by either FoodMi or the User with 14 days' notice sent to support@foodmi.app or to the User's registered email address. The User also has the option to delete their account in the App settings.

§ 7 Duration, Renewal and Termination of Paid Services

(1) FoodMi offers users fixed-term subscriptions with specific usage fees for each duration, payable in advance to use all services without limitation (hereinafter also “FoodMi Premium” or “Premium Features”).

(2) If the User wishes to use the paid features, they may purchase Premium Features via the FoodMi website or upgrade the App by making an “in-app purchase” via a distribution platform.

(3) FoodMi may temporarily offer users the ability to use the chosen subscription free of charge for a trial period (“trial subscription”). If the User does not cancel during the trial period, the trial subscription automatically converts to a paid fixed-term subscription.

(4) The fixed-term subscription runs for at least the duration initially chosen by the User, plus any preceding trial period.

(5) The User may terminate the subscription at any time, effective at the end of the chosen term. If not terminated, the subscription renews for an unlimited period and can be terminated by either party with one month's notice.

(6) Termination notice must be sent via the App settings or by email to support@foodmi.app. If the subscription was taken out via a distribution platform, it can be terminated via the app store's “Manage Subscriptions” section.

(7) The right to terminate without notice for good cause remains unaffected.

§ 8 Payment of Usage Fees

(1) After purchasing FoodMi Premium Features via the FoodMi Website, the User will receive an invoice for the usage fees due. If the User opts for a trial subscription, usage fees are due only after the last day of the trial period. After the trial period, usage fees for the corresponding subscription period are immediately due and must be paid in advance.

(2) The User is required to pay all fees incurred if a pending payment cannot be collected. If payments are rejected or the User fails to pay fees, FoodMi is entitled to block all services or access to certain services.

(3) In-app purchases are billed via the corresponding distribution platform. The payment terms specified by the platform operator apply.

§ 9 Changes to Usage Fees

The Provider reserves the right to change usage fees for subscription options. Price changes will only take effect at the end of the subscription period or on the subscription renewal date. In the event of a price increase, the Provider will notify the User at least 30 days before the planned change.

§ 10 Changes, Interruptions, Cessation of FoodMi Services

(1) The Provider is free to modify its services at any time, including modifying, interrupting or removing free services temporarily or permanently, in whole or in part.

(2) The Provider will notify the User at least 30 days before planned changes, interruptions or removals of paid services.

(3) The User has the right to terminate their subscription without notice if the change causes unreasonable prejudice. The User may be entitled to a pro rata refund of the unused portion.

§ 11 Warranty

(1) Where the purchase agreement has been concluded between the Provider and the User, the Provider is liable for defects in the App in accordance with applicable legal provisions. The warranty period for the App made available to entrepreneurs is twelve months.

(2) The Provider will endeavor to ensure constant, complete and error-free availability of the FoodMi App but does not guarantee it.

§ 12 Liability

(1) Claims for damages by the User are excluded, except for claims relating to injury to life, body or health; damages caused by breach of essential contractual obligations; or liability for damages caused by intentional or grossly negligent breach of obligations.

(2) In the event of breach of essential contractual obligations, the Provider is liable only for foreseeable typical damages if caused by ordinary negligence, unless the claim is based on injury to life, body or health.

§ 13 Right of Withdrawal

(1) The User, when acting as a consumer, has a legal right of withdrawal.

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (FoodMi, support@foodmi.app) of your decision to withdraw from this contract by a clear declaration (e.g. by email).

Consequences of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than fourteen days from the date on which we received your notification of withdrawal. We will use the same means of payment that you used for the initial transaction for this reimbursement; in no case will you be charged any fees for this reimbursement.

§ 14 Online Dispute Resolution in the EU

The European Commission has made available an online dispute resolution (ODR) platform. This platform serves as a point of contact for out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at: https://ec.europa.eu/consumers/odr.

§ 15 Final Provisions

(1) Contracts concluded between the User and the Provider are subject to the laws of France, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the User has their habitual residence remain unaffected.

(2) If individual provisions are legally invalid, the remainder of the contract remains valid. Statutory provisions replace the invalid provisions.

(3) FoodMi's Terms of Use are available in multiple languages. The English version is the original source and, in the event of disputes, misunderstandings or inconsistencies, it shall prevail over all translated versions.