Terms of Use

As of: March 2026

1. Scope

These Terms of Use govern the use of the iOS app "NährWert" (hereinafter "App") and all related services. The contract is concluded between you and the provider (see Section 2) — not with Apple. The provider, not Apple, is solely responsible for the App and its content.

By installing or using the App, you agree to these Terms of Use.

In addition, the Privacy Policy as well as — for the software licence agreement — the Apple Standard End User Licence Agreement (EULA) apply.

In the event of a conflict between these Terms of Use and the Apple EULA, these Terms of Use shall prevail to the extent they do not contravene mandatory law.

2. Provider

3. Description of Services

NährWert is a wellness and nutrition tracking app for iOS. The App enables you to:

• Track meals, calories and macronutrients (protein, carbohydrates, fat)
• Track water intake with daily goals
• Track weight and body measurements
• View statistics, trends and weekly reports
• Integrate with Apple Health (reading and writing)
• Search an offline food database (Bundeslebensmittelschlüssel) and an online database (Open Food Facts)
• Use optional AI-powered features (photo analysis, text input, nutrition coach) as part of a paid subscription

All data is stored locally on your device and optionally synced across your devices via iCloud. The provider does not operate any dedicated server infrastructure.

4. Minimum Age

Use of the App requires a minimum age of 16 years. Persons under 16 may only use the App with the express consent of a parent or legal guardian.

Should we become aware that personal data has been collected from persons under 16 without parental consent, such data will be deleted without undue delay.

5. Health Disclaimer

NährWert is not a medical device. The App is intended solely for personal nutrition tracking and general informational purposes. It does not replace professional medical advice, diagnosis or treatment.

In particular:

• The App does not constitute medical advice and does not establish a physician-patient relationship.
• Consult a doctor before starting or changing any diet or exercise programme — especially if you have pre-existing conditions, diabetes, cardiovascular disease, eating disorders, or are pregnant or breastfeeding.
• You are solely responsible for your health decisions. The App makes no guarantees regarding specific outcomes such as weight loss, muscle gain or improvement of health conditions. Success depends on numerous individual factors beyond the control of the App.
• The calorie targets and macronutrient recommendations displayed are general guidelines and do not account for individual medical circumstances.

Never disregard medical advice or delay seeking medical attention because of information you have received through the App.

Use of the App is at your own risk. You are responsible for critically evaluating the information displayed in the App and seeking professional advice if in doubt.

6. AI-Powered Features

NährWert optionally offers AI-powered features (photo analysis, text input, nutrition coach) that are processed via a third-party AI service. When using these features, the following applies:

• AI-generated results may be inaccurate, imprecise or incomplete. They represent estimates, not verified facts.
• AI-based food recognition from photos provides a rough estimate — actual nutritional values may differ.
• AI recommendations do not replace individual nutritional counselling by qualified professionals.
• Always verify AI-generated information for plausibility and correct it manually if necessary.
• When using AI features, entered text or photos are transmitted in encrypted form to a third-party AI service. No account master data such as name, email address or Apple ID is automatically transmitted. However, the content you enter may contain personal data if you include such data in your input or make it visible in photos. Details can be found in the Privacy Policy.
• AI-generated outputs are produced automatically and may contain factual errors. Independent verification by the user remains necessary.

Use of AI features requires prior consent within the App and an active Plus or Pro subscription.

7. Nutritional Information and Food Database

The nutritional values displayed in the App are sourced from various sources:

• Bundeslebensmittelschlüssel (BLS) — the official German food composition database (Max Rubner Institute)
• Open Food Facts — an open, community-maintained product database
• AI Analysis — automated estimates based on text or image input
• Manual Entries — values entered by the user

All nutritional information constitutes approximate values. Despite careful curation and selection of data sources, no guarantee can be given for the accuracy, completeness and currency of all nutritional data at all times. Mandatory statutory consumer rights regarding defects in digital products remain unaffected. Actual nutritional values may vary depending on preparation method, portion size, origin, variety and product batch.

Automatically calculated ratings such as the Fit Score are based solely on the ratio of macronutrients (protein, carbohydrates, fat) to your personal goals. They do not take into account individual allergies, intolerances, pre-existing conditions or other health restrictions and do not constitute nutritional advice.

The App does not check for food allergens, intolerances or interactions with medication. You are solely responsible for checking foods for compatibility.

8. Subscriptions and Payments

In addition to the free basic version, NährWert offers optional paid subscriptions:

Subscription	Scope
Plus	AI photo analysis (30 per month), AI text input, nutrition coach
Pro	All Plus features, unlimited photo analyses

Both subscriptions are available as monthly or annual plans.

Automatic Renewal

Subscriptions renew automatically for the respective term unless you cancel at least 24 hours before the end of the current period.

Payment

Billing is processed through your Apple ID account. Current prices are displayed in the App Store before purchase.

Free Trial

If a free trial is offered, it will automatically convert into a paid subscription upon expiry unless you cancel beforehand. The free trial is available once per Apple ID.

Cancellation

You can cancel your subscription at any time in iOS Settings under your name → Subscriptions. After cancellation, access remains available until the end of the already paid period.

Important: Deleting the App does not automatically cancel your subscription.

Refunds

Refunds for in-app purchases are handled exclusively by Apple in accordance with the Apple Refund Policy.

9. Apple Health

With your permission, NährWert can read data from and write data to Apple Health. This includes:

• Reading: Weight, body fat, active calories, basal metabolic rate, steps, water, workouts
• Writing: Weight, body fat, dietary calories, protein, carbohydrates, fat, water

Access requires your explicit permission and can be revoked at any time in iOS Settings. You can control access per data type individually (Settings → Apple Health).

Apple Health data is not transmitted to third parties, not used for advertising and not sold — in accordance with the Apple HealthKit Guidelines.

The App assumes no liability for the accuracy of data imported from Apple Health or for any consequences resulting from writing data to Apple Health.

10. Intellectual Property

All content of the App (texts, graphics, software, design, logo) is protected by copyright and is the property of the provider or the respective rights holders. You are granted a personal, non-transferable, non-exclusive right of use for the duration of your use of the App.

In particular, the following are prohibited: copying, modifying, decompiling, reverse engineering or commercial reuse of the App or its content.

11. Maintenance and Support

The provider is solely responsible for maintenance and support of the App. Apple assumes no obligation to provide any maintenance or support services.

For questions or issues, please contact: support@mkhub.de

12. Warranty

Should the App fail to meet the statutory requirements for digital products, you are entitled to the statutory warranty rights against the provider. Apple is not obligated to fulfil any warranty claims; any refunds for purchases are subject to the applicable Apple policies.

Statutory rights in the event of defects in digital products remain unaffected.

13. Third-Party Terms

The App uses services and data from third-party providers. When using these, the respective terms additionally apply:

• Apple — Standard EULA and App Store Terms of Use
• Open Food Facts — Terms of Use (Open Database License)
• OpenAI — Terms of Use (only when using AI features)

You are obligated to comply with the applicable third-party agreements when using the App.

14. Export Restrictions

You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any US government list of prohibited or restricted parties.

15. Third-Party Intellectual Property Rights

The provider is solely responsible for handling any third-party claims of intellectual property infringement relating to the App. Apple assumes no responsibility for the investigation, defence or settlement of such claims.

16. Apple as Third-Party Beneficiary

Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these terms, Apple is entitled to enforce them against you as a third-party beneficiary.

17. Liability

Claims for damages are excluded unless otherwise stipulated below — in particular for damages resulting from inaccurate nutritional data, AI-generated recommendations or reliance on information provided by the App.

Exceptions (not excludable under German law):

• Damages arising from injury to life, body or health caused by negligent or intentional breach of duty
• Damages caused by intentional or grossly negligent conduct
• Damages arising from breach of material contractual obligations (cardinal obligations) — liability is limited in this case to the typical, foreseeable damage
• Liability under the German Product Liability Act (Produkthaftungsgesetz)

The provider does not guarantee uninterrupted or error-free availability of the App.

The above limitations of liability do not apply to the extent that mandatory statutory provisions dictate otherwise. Statutory rights of the user, particularly regarding defects in digital products, remain unaffected.

18. Availability

The provider endeavours to provide the App with minimal disruption. There is no entitlement to uninterrupted availability. In particular, maintenance, updates or force majeure events may lead to temporary restrictions.

Since all core features are available offline, the App can be used without an internet connection. Only the AI features and the online food search require an active internet connection.

19. Data Protection

Information on the collection, processing and use of personal data can be found in our Privacy Policy.

20. Termination and Data Deletion

By the User

You may terminate your use of the App at any time by uninstalling it. Data stored locally in the App will generally be removed from your device. To the extent data has additionally been synced via iCloud, its removal may require separate steps in iCloud Settings.

Before uninstalling, you can delete all locally stored data within the App: Settings → Delete All Data. This includes nutrition, weight and settings data stored locally in the App. Data already synced via iCloud can additionally be removed through the iCloud settings on your device or your iCloud account.

An active subscription must be cancelled separately in iOS Settings (see Section 8).

By the Provider

Since NährWert does not maintain user accounts on a central server, there is no possibility of unilateral account termination by the provider. The right to extraordinary termination for good cause remains unaffected.

21. Governing Law and Jurisdiction

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

The place of jurisdiction is, to the extent permitted by law, Leipzig, Germany. For consumers, the statutory place of jurisdiction applies (generally the consumer's place of residence).

22. Out-of-Court Dispute Resolution

The EU Online Dispute Resolution (ODR) platform was discontinued as of 20 July 2025 (Regulation EU 2024/3228). Information on consumer dispute resolution bodies in EU member states can be found at: consumer-redress.ec.europa.eu.

We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

23. Amendments to the Terms of Use

The provider reserves the right to amend these Terms of Use where there is a legitimate reason, in particular in the event of changes in legislation, case law or the functionality of the App.

You will be informed of material changes in a timely manner before they take effect, in text form or within the App. If an amendment affects your right to use the App more than insignificantly, you have the right to cease using the App. Mandatory statutory rights remain unaffected.

The current version is available within the App under Settings → Legal and at naehrwert-app.de/nutzungsbedingungen.

24. Final Provisions

Should any provision of these Terms of Use be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.

These Terms of Use, together with the Privacy Policy, constitute the definitive terms for the use of the App.