Terms of use for the use of the "Choosy - Plan & cook your meals" app
1 Scope of Application
1.1 These Terms of Use apply to all paid and free services provided by Choosy UG (haftungsbeschränkt), Oberheitmannweg 5, 44795 Bochum, Germany (hereinafter also referred to as "Provider") in connection with the application "Choosy - Essen planen & kochen" (hereinafter also referred to as "App"). If applicable, these provisions apply in addition to other terms of use or other agreements of Choosy UG (haftungsbeschränkt).
1.2 These Terms of Use apply exclusively to the relationship between the users and Choosy UG (haftungsbeschränkt).
1.3 These Terms of Use do not affect the relationship between the user and the platform operator through which the app has been distributed (e.g. app store). However, they apply in addition to the respective provisions of the respective app store operator.
1.4 The GTC can be accessed at any time at https://choosy.de/terms-conditions or in the app under Profile & Settings.
2 Scope of Services
2.1 With the App, the Provider offers a function that aims to give users a wide selection of recipe suggestions, to create an efficient meal plan in advance with as few recipe repetitions as possible (so-called weekly plan) and to generate shopping lists from this.
Users can personalize the suggestions by entering their dietary preferences and personal details in their profile so that only the most suitable recipes are suggested. Users are not entitled to specific recipes or other suggestions. Users can also upload their own recipes and associated images. Users may only use the app's functionalities for private purposes.
2.2 Choosy UG (haftungsbeschränkt) will endeavor to offer the services as uninterrupted as possible. However, even with all due care, impairments of the service cannot be ruled out. There is no claim against Choosy UG (haftungsbeschränkt) for continuous availability of the service or a specific functionality.
2.3 The operation of the app requires the use of generally used and current technologies in order to be able to operate the app. The functionalities of the app can only be used to their full extent if the users also use these technologies and enable their use through the app (e.g. internet access, etc.). The use of older technologies or technologies that are not in general use may prevent the use of the app or only enable limited use.
2.4 The Provider reserves the right to change, supplement, remove or discontinue the information and services provided in the App as a whole at any time and without notice. In the event of changes to the terms of use, registered users will be notified of this within the app.
2.5 Users can have their profile and the access data stored with the provider and all content stored for this profile deleted by terminating the use of the app and requesting the deletion of the account in the account settings beforehand or by requesting the deletion by email to kontakt@choosy.de, stating the email used during registration. Otherwise, the information in the data protection information https://www.choosy.de/privacy-policy applies.
2.6 In the app, users are offered various functionalities to simplify shopping. To this end, the provider works together with cooperation partners (e.g. local supermarkets or online retailers), but expressly does not offer its own sales services for goods, food or other services; instead, a separate contractual relationship is established between the cooperation partner and the user. The presentation of the offers of the cooperation partners also does not constitute a binding offer. Each cooperation partner acts on its own responsibility and the provider assumes no liability for the offer and product range of the cooperation partners.
2.7 Choosy UG (haftungsbeschränkt) expressly does not offer medical advice or treatment, nutritional advice or other medical services with the app. Advice and treatment is the exclusive responsibility of trained specialists, such as doctors or nutritionists. Users are responsible for their own health.
2.8 The provider also assumes no liability for the nutritional information. These are only average values for the foods used. The actual nutritional values may vary depending on the type and variety of food and how it is prepared.
2.9 The Provider reserves the right to delete inactive profiles and the associated data after a period of one year.
3 Registration
3.1 Registration is required to use the app. An e-mail address, name and password are required for registration. As part of the registration process, users will receive an email with a confirmation link to the email address provided. After confirmation, registration for the app is complete. To do so, users must accept the terms of use. By accepting the terms of use and successfully completing registration by using the confirmation link, a free user contract is concluded.
3.2 The data provided during registration must be complete and truthful. Any changes to the data must be communicated immediately.
3.3 Users must keep the password provided during registration secret and not disclose it to third parties. If third parties have gained knowledge of the password through the fault of the user, the user shall be liable for any damage incurred.
3.4 Registration is possible from the age of 18. Registering a profile with another user's data is expressly prohibited and punishable under § 202a StGB as "spying on data".
3.5 Competitors and their employees are expressly prohibited from using the app and its functionalities. Choosy UG (haftungsbeschränkt) reserves the right to delete such profiles immediately and to take legal action.
4 Duties and Obligations of the Users
4.1 Users are granted the right to use the app and the free functions. The content may only be used by registered users and for private purposes. Commercial reuse is prohibited and may only take place with the express written consent of Choosy UG (haftungsbeschränkt).
4.2 The editing, reproduction or any other use of the content is only permitted for the purposes specified by Choosy UG (haftungsbeschränkt) (e.g. export of the shopping lists to the cooperation partners). Any other use is prohibited and only permitted with the prior consent of Choosy UG (haftungsbeschränkt).
4.3 All users are obliged to comply with the applicable legal provisions and not to infringe any third-party rights when using the app. Users are obliged not to create any content that violates these Terms of Use, morality or other applicable German law. In particular, you are prohibited from
- publish offensive or untrue content;
- send spam to other users via the system;
- use content protected by law, in particular by copyright and trademark law, without authorization;
- which have offensive, racist, discriminatory or pornographic content;
- carry out anti-competitive activities;
- publish third-party press articles without the consent of the author;
- to publish advertising for third parties or for purposes other than those mentioned above on the portal without the express written permission of the provider.
4.4 Any violation of the provisions of these Terms of Use may result in the immediate blocking of the user account and further legal action.
4.5 As a user, you undertake to check your recipes, posts and topics before publishing them to see whether they contain information that you do not wish and/or are not permitted to publish. Your recipes, posts and topics may be recorded in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.
4.6 Should third parties or other users assert claims against the provider due to possible legal violations that
- result from the content posted by you as a user and/or
- arise from the use of the provider's services by you as a user,
you as the user undertake to indemnify the provider against any claims, including claims for damages, and to reimburse the provider for the reasonable costs incurred by the provider due to the possible infringement. In particular, the provider shall be indemnified to a reasonable extent against the costs of any necessary legal defense. As a user, you are obliged to support the provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages of the provider remain unaffected. If you as the user are not responsible for the possible infringement, the aforementioned obligations do not apply.
5 Conclusion of Contract and Term
5.1 By downloading the app and registering, you agree to these Terms of Use. Upon completion of registration, a contract for the use of the app (see section 2.) is concluded between the user and Choosy UG (haftungsbeschränkt).
5.2 The contract is concluded for an indefinite period. Termination is possible at any time without notice by either party. The right to extraordinary termination without notice remains unaffected.
5.3 The premium functions offered in our app constitute an application for a paid subscription. Clicking on the "Order with obligation to pay" button constitutes a binding contract for the respective function at the specified prices. Users must first accept the current terms and conditions by clicking on the "Accept terms and conditions" button. Access to the premium functions is only granted for the duration of the subscription. Your subscription will be extended by one month at a time if you do not cancel your subscription at least 24 hours before the end of the term.
6 Prices and Terms of Payment
6.1 Use of the app is free of charge. The premium functions are subject to a charge and can be purchased within the app.
6.2 The prices quoted include statutory VAT and other components. There are no shipping costs.
6.3 Payment is made via an in-app purchase and is processed via our iOS or Android pass with the app store operator.
7. Revocation Instructions/right of revocation for contracts for the use of digital content
7.1 You have a right of withdrawal in accordance with the following provisions:
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us
Choosy UG (limited liability)
Oberheitmannweg 5
44795 Bochum
represented by the managing director: Julius Kuschke
E-mail: kontakt@choosy.de
Telephone: +49 (0) 1573 88 09 77 6
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
Sample Withdrawal Form
If you wish to cancel the contract, please fill out this form and send it back to us.
To
Company: Address:
E-mail: Fax:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s):
Signature of the consumer(s) (only for notification on paper) Date
(*) Delete as appropriate.
End of the Withdrawal Policy
7.2 The right of withdrawal does not apply to
delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
7.3 Expiry of the right of withdrawal
A right of withdrawal expires in accordance with Section 356 (5) BGB in the case of a contract for the supply of digital content not on a tangible medium if the trader has started to perform the contract after the consumer has expressly agreed that the trader will start to perform the contract before the expiry of the withdrawal period and has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the performance of the contract.
8 Copyright and Rights of Use for Users
8.1 All works provided with the app (in particular the content, recipes and graphics) are protected by copyright.
8.2 By downloading the app and purchasing the premium functions, users receive an unlimited, simple, non-transferable right of use, which is intended exclusively for non-commercial use. Users are not granted any exploitation rights. In particular, you may not distribute the available content either digitally or in printed form, in whole or in part (Section 17 UrhG), make it publicly accessible (Section 19a UrhG) or pass it on to third parties in any other form. The right of reproduction (Section 16 UrhG) is limited to acts of reproduction that are exclusively for personal use.
8.3 Users are not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
8.4 The Provider is entitled to individually personalize the digital content provided with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of misuse.
8.5 Users grant the Provider the non-exclusive right to use the posted content for the purpose of distribution to other users, without any restrictions in terms of territory or time. The provider receives from the users a non-exclusive right of use free of charge, unlimited in terms of territory, time and content, which may also be used for commercial, paid exploitation and use in self-promotion for the app as well as for other offers of Choosy UG (haftungsbeschränkt) in connection with the app as a complete excerpt or as partial excerpts. The right of use is established as soon as the user uploads the recipe to the app and includes the right to distribute the content digitally or in printed form, in whole or in part (§ 17 UrhG), to edit it (§ 23 UrhG), to make it publicly accessible (§ 19a UrhG) or to pass it on to third parties in any other form and to reproduce it (§ 16 UrhG). The provider also receives the right to make publicly accessible by broadcasting (§ 20 UrhG) or for reproduction via image and sound carriers (§ 21 UrhG) and also includes the image and/or voice of the user. The rights of use do not expire with the deletion of the user's customer account, but remain in force.
8.6 The users are linked as authors under the recipes with their publicly accessible name and profile. The identification remains in place even after termination of the customer account. Users have the right to ask the provider to remove the copyright notice.
9 Warranty and Liability
9.1 Choosy UG (haftungsbeschränkt) does not guarantee that the information provided in the app is complete, correct and always up-to-date. For the services provided free of charge, liability for material defects and defects of title is excluded except in cases of intent or fraudulent intent. In all other respects, the statutory provisions shall apply.
9.2 The offers may contain hyperlinks to third-party websites. The provider assumes no responsibility for the content of these websites, nor does the provider appropriate these websites and their content.
9.3 Choosy UG (haftungsbeschränkt) is liable without limitation for all damages caused by it and its legal representatives or vicarious agents in the event of intent or gross negligence. In the event of slight negligence, Choosy UG (haftungsbeschränkt) also has unlimited liability in the event of injury to life, limb or health. Otherwise, Choosy UG (haftungsbeschränkt) is only liable insofar as it has breached an essential contractual obligation (cardinal obligation) to which the contractual partner would have been entitled. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.
10 Data Protection
As part of the contractual relationship, personal data is processed in order to ensure fulfillment and execution. Detailed information on data processing can be found in the data protection information.
11. Changes to the Terms of Use
The Services and the App are constantly being developed. Choosy UG (haftungsbeschränkt) therefore reserves the right to amend and/or supplement these Terms of Use insofar as this is reasonable for users. Users will be informed of the changes or additions in text form (e.g. by e-mail or push message) prior to the change. Users may object to these changes or additions in text form within 6 weeks (in words: "six"). Without objection, the updated terms and conditions shall be deemed accepted. Users will be expressly informed of this fact. This objection solution does not apply to unreasonable changes or additions. The Terms of Use can be accessed at any time in the app or on the website at choosy.de/terms-conditions.
12. Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link.
We endeavor to settle any disagreements arising from our contract amicably. Beyond this, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
13. Final Provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining clauses.
(Status January 2022)