Terms of Use

§ 1 Provider and Scope

These Terms of Use apply to the use of the mobile application “CalorieMeister” (hereinafter the “App”) as well as its associated online services. The provider is Oliver Demuth, sole proprietor, Am Kirchenberg 9, 2132 Hörersdorf, Austria (hereinafter “we” or the “Provider”; contact details and further information in the Legal Notice).

By registering for or using the App, you agree to these Terms. Deviating or supplementary terms of the user shall not become part of the contract unless we expressly consent to their application. Consumers within the meaning of the Konsumentenschutzgesetz (KSchG, Austrian Consumer Protection Act) are natural persons who use the App for purposes that are predominantly outside their trade, business or profession.

§ 2 Subject Matter and Description of Services

CalorieMeister is an app for recording and tracking nutrition (calories, nutrients and micronutrients) and activity. Meals and workouts can be recorded via text, voice or photo; the nutritional and energy-expenditure values are estimated using artificial intelligence. Streaks, reminders, and automatic Streak protection help users stay consistent over time.

The App provides general information and estimated values for supportive purposes. It does not constitute medical, nutritional or health advice and is not a medical device (see § 8).

§ 3 User Account and Registration

Use of the App requires a user account, which is created by signing in with an Apple or Google account. The App is intended exclusively for persons aged 18 and over. You are obliged to keep your access credentials confidential and to provide accurate information when using the App. You are responsible for all actions carried out through your account.

§ 4 Subscription, Prices and Payment

The full range of features of the App requires a paid subscription. The subscription is concluded and billed exclusively through the respective app store (Apple App Store or Google Play) via your account held there. The prices and terms displayed in the store at the time of purchase apply.

The subscription renews automatically for the selected term unless it is cancelled within the deadline displayed by the relevant store using its subscription management. The subscription is managed and cancelled through the account settings of the respective store(Apple ID or Google Play settings), not through us. If the store displays a free trial, the terms shown there before purchase apply.

§ 5 Right of Withdrawal for Consumers

For distance contracts, consumers are generally entitled to a 14-day right of withdrawal under the Fern- und Auswärtsgeschäfte-Gesetz (FAGG, Distance and Off-Premises Contracts Act).

Whether a right of withdrawal exists or lapses depends on mandatory law and the specific purchase flow of the relevant app store. The applicable information, consents, and confirmations are displayed there before you complete the purchase. Refunds are also handled through Apple or Google. Your mandatory statutory rights remain unaffected.

§ 6 Motivation and Streak Protection

Streaks, Streak protection, progress displays, and reminders are motivational features only. They are not credit or a benefit with monetary value and do not create any entitlement to a payout or reward. Only entries made on the actual calendar day and explicitly confirmed fasting days count towards a Streak; backdated entries do not close a past gap.

§ 7 Obligations and Permitted Use

When using the App, you undertake in particular:

• to use the App only for personal, non-commercial purposes;
• not to manipulate Streak, usage, or account data (e.g. through multiple accounts or automated access);
• not to enter any unlawful, offensive or infringing content and not to use the App in an abusive manner or in a way that disrupts the services.

In the event of serious or repeated breaches, we may temporarily suspend access or terminate the user account.

§ 8 Health Notice

The App and its AI-based estimates serve solely for information and personal tracking purposes. They are no substitute for medical, nutritional or health advice and are not a medical device.

Nutritional, calorie and energy-expenditure values are estimates and may deviate from the actual values; no particular outcome (such as a change in weight) is guaranteed. Please consult a qualified professional before making dietary or training changes, as well as in the case of health complaints, pre-existing conditions, or during pregnancy or breastfeeding. Use of the recommendations and values is at your own responsibility.

§ 9 Availability

We strive to ensure a high availability of the App but do not owe uninterrupted or error-free operation. Maintenance, update and further-development work, as well as disruptions outside our sphere of influence (e.g. at the network or store operator), may lead to temporary restrictions.

§ 10 Warranty and Liability

For consumers, the statutory warranty rights apply.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and within the scope of mandatory statutory liability. In the case of a slightly negligent breach of material contractual obligations (obligations whose fulfilment makes the proper use of the App possible in the first place), our liability is limited to the foreseeable damage typical of the contract. Otherwise, liability is excluded to the extent permitted by law. Mandatory consumer protection provisions remain unaffected.

§ 11 Changes to the Services and to these Terms

We may amend the App and these Terms of Use for objective reasons (e.g. changes in the legal situation, technical innovations, security, or the adjustment or extension of features). We will notify you of material changes before they take effect in an appropriate manner (e.g. within the App). Where consent is legally required, we will obtain it expressly. Otherwise, you may terminate the agreement before the change takes effect. Mandatory consumer rights remain unaffected.

§ 12 Contract Term and Termination

The free user account runs for an indefinite period and can be terminated at any time (within the App via the account deletion function; regarding data deletion, see the Privacy Policy). § 4 applies to the paid subscription. Upon deletion of the account, the right of use ends; the handling of your data is governed by the Privacy Policy. Deleting the account does not cancel an active app-store subscription. You must also cancel it in the App Store or Google Play.

§ 13 Applicable Law and Place of Jurisdiction

Austrian law applies, excluding the reference provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, the mandatory protective provisions of the state of your habitual residence remain unaffected; the statutory provisions for consumers apply with regard to the place of jurisdiction.

§ 14 Final Provisions

Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. If you have any questions, you can reach us using the contact details provided in the Legal Notice.