FoodNoteBook

Contents

1. 1. Provider and scope
2. 2. Description of the service
3. 3. Purchase through the App Store, Apple as seller
4. 4. Purchase through the website, the operator as seller
5. 5. Right of withdrawal
6. 6. Licence to use
7. 7. Minimum age and user obligations
8. 8. Availability
9. 9. Health notice
10. 10. Liability
11. 11. Privacy
12. 12. Changes to these terms
13. 13. Relationship to Apple's terms
14. 14. Final provisions

Terms of Use

Last updated: 6 September 2026

*This is an English translation provided for convenience. The German version at https://mk-sd.com/foodnotebook/terms is the authoritative text; in case of any discrepancy, the German version prevails.*

1. Provider and scope

The provider of the iOS app and the website "FoodNoteBook" (the "Service") is

Maximilian Kuchlbauer
Flurstr. 1
84524 Neuötting
Germany
Email: maximilian.kuchlbauer@gmail.com

These terms govern use of the Service between the operator and the user, in the version available at the time the contract is concluded. The user's deviating terms do not apply.

FoodNoteBook is distributed through two paths, with a different contracting party for the paid part: the iPhone app through the Apple App Store (section 3), and, additionally, a subscription through the FoodNoteBook website (section 4). Which section applies to you depends on where you subscribed.

2. Description of the service

FoodNoteBook is an AI-assisted app for logging meals, calories, and sporting activities. An account is required to use it (email address and password, Google sign-in, or Sign in with Apple); the base version is usable free of charge, with a daily cap on entries. The "FoodNoteBook Pro" subscription lifts that cap and unlocks further features.

Core functions are logging meals and activities by photo, voice, text, or manually, AI-assisted estimation of calories and macronutrients, keeping a history, optionally connecting Apple Health for your body weight value, and a data export and account deletion reachable through the account settings on the website (details in the Privacy Policy, sections 2 and 8).

The scope of functions corresponds to the currently published state. The operator continues to develop the Service and may change, add to, or discontinue individual functions, provided the core contractual benefit, keeping and reviewing your own nutrition and activity diary, is preserved.

3. Purchase through the App Store, Apple as seller

Where the "FoodNoteBook Pro" subscription is bought through the iPhone app, the purchase contract is concluded between the user and Apple. Apple is the seller and contracting party ("Merchant of Record") for that purchase.

The operator receives neither payment nor banking data of the user from Apple, only aggregated sales statements and confirmation that a valid subscription exists. Apple's own terms additionally apply to the purchase process, billing, refunds, and subscription management.

3.1 Prices, renewal, and cancellation (App Store path)

The current prices and billing periods for the "FoodNoteBook Pro" products (monthly and yearly) are shown in the app before purchase, including statutory VAT. Subscriptions renew automatically for the booked period unless cancelled at least 24 hours before the end of the current period. Charges are billed to the user's Apple ID account.

Cancellation happens through the Apple ID account: in iPhone Settings, tap your name at the top, then "Subscriptions". This gives the user an immediately reachable, permanently available electronic cancellation option throughout the contract term, provided and operated by Apple. After cancellation, the booked access remains usable until the end of the already-paid period; no pro-rata refund is given for the unused remainder of a current period, unless mandatory law provides otherwise.

4. Purchase through the website, the operator as seller

Where the subscription is instead bought through the account settings on the FoodNoteBook website, **the operator of this app is the contracting party and seller**, not Apple. Payment itself is processed by the payment provider Stripe; Stripe processes the payment data (card data or a comparable payment method) as an independent controller for payment processing, and the operator receives from it only the confirmation of payment, no card data.

4.1 Prices, renewal, and cancellation (website path)

The current price, billing period, and any free trial are shown on the FoodNoteBook website before the payment step, including statutory VAT. The price shown at the payment step itself always governs, not a figure stated elsewhere. Subscriptions renew automatically for the booked period unless cancelled in time before the end of the current period.

Because the operator itself is the contracting party here, this path is directly subject to the duty under § 312k BGB (German Civil Code) to provide an easily accessible, permanently available electronic cancellation option (a "cancellation button"). The operator provides access to subscription management for this in the account settings on the website, which leads to the payment processor Stripe's own cancellation flow. **Whether the wording and design there already fully meets every formal requirement of § 312k BGB, in particular the specific wording prescribed for the button, could not be conclusively established as part of this review** and is noted as an open item in README.md in this directory.

After cancellation, the booked access remains usable until the end of the already-paid period; no pro-rata refund is given for the unused remainder of a current period, unless mandatory law provides otherwise.

5. Right of withdrawal

Consumers have a statutory right of withdrawal. For the App Store path (section 3) it is exercised against Apple; for the website path (section 4) directly against the operator. Details, including the model withdrawal form, are in the separate Right of Withdrawal, available at https://mk-sd.com/foodnotebook/withdrawal.

6. Licence to use

The user receives a simple, non-transferable, non-sublicensable right to use the app on the devices assigned to them for their own private purposes. Resale, rental, and use for third parties are not permitted.

Also not permitted: decompiling, reverse-engineering, or modifying the app, except where expressly allowed by law, and attempts to circumvent the paid unlock or to technically bypass the daily usage limits of the AI analysis.

All rights in the app, its source code, its design, its texts, and its name remain with the operator.

7. Minimum age and user obligations

Use of FoodNoteBook is permitted for people who have reached the age of 16; younger users may only use the Service with the express consent of a parent or legal guardian. The user is required to provide truthful information at registration, to keep their credentials confidential, and to inform the operator without delay if account misuse is suspected.

The user is responsible for the data they enter themselves. A data export is reachable through the account settings on the website (see Privacy Policy, section 8); the user should make use of it if they want their own backup.

8. Availability

The Service needs a connection to the operator's server for its core functions, in particular sign-in and AI analysis; new entries are not possible without an internet connection. No particular availability of the server, the App Store, Apple's system services, the third-party services involved (in particular AI analysis), or future updates is owed. The operator may discontinue further development and support of the Service; unlocks already purchased remain unaffected within the technical limits of the device concerned.

9. Health notice

FoodNoteBook is a tool for nutrition and activity documentation. **It is not a medical device** and does not replace medical advice or professional nutritional counselling. The displayed calorie and nutrient figures are estimated by an AI from a photo, a voice input, or a text, and may differ from actual values; they are not measurements and not a diagnosis.

For eating disorders, diabetes, or other health questions, medical or qualified nutritional advice should always be sought before changing your diet based on this app. If you connect Apple Health, the same applies to the body weight value shown there: a history kept by the app, not a medical assessment.

10. Liability

The operator is liable without limitation

• for intent and gross negligence,
• for injury to life, body, or health,
• for fraudulent concealment of a defect or the assumption of a guarantee,
• under the provisions of the Product Liability Act.

For ordinary negligence, the operator is liable only for breach of a material contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In that case, liability is limited to the foreseeable damage typical for the contract at the time it was concluded.

Beyond that, the operator's liability is excluded. This applies in particular to inaccuracies in the AI-assisted nutrient estimate, to loss of data, to lost profit, to indirect damages, and to damages caused by improper use or by causes outside the operator's area of responsibility, such as disruptions of the App Store, of Apple's system services, of the server, or of a third-party service involved.

The above limitations of liability also apply for the benefit of the operator's legal representatives and vicarious agents. No shift in the burden of proof to the user's disadvantage is associated with the above provisions.

11. Privacy

Details on the processing of personal data, including the roles of Apple, Google, the AI provider, the email delivery service, the hosting provider, and Stripe, are in the Privacy Policy, available at https://mk-sd.com/foodnotebook/privacy.

12. Changes to these terms

The operator may change these terms to the extent necessary to adapt to a change in the law, in supreme court case law, in the technical development of the Service, or in requirements of the App Store or of a payment processor involved, and provided the user is not unreasonably disadvantaged as a result.

Users will be informed of material changes. If the user does not object to a material change within six weeks of being informed, or continues to use the Service afterwards, the change is deemed accepted. The significance of remaining silent is pointed out separately in that information. If the user does not agree with a change, they may cancel a running subscription at the end of the current period.

13. Relationship to Apple's terms

Where the Service is obtained through the App Store, Apple's terms apply in addition to these terms, in particular the Apple Media Services Terms and Conditions and the Licensed Application End User Licence Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). Where these terms and Apple's terms conflict, Apple's terms prevail for the purchase process, billing, refunds, and subscription management on the App Store path.

The following also applies to use of the app:

• This agreement exists solely between the user and the operator, not between the user and Apple. Apple is not responsible for the app or its content.
• The operator alone is responsible for maintenance and support of the Service. Apple has no obligation to provide maintenance or support services.
• If the app fails to conform to the applicable warranty, the user may notify Apple; Apple may then refund the purchase price for the App Store path. Beyond that, Apple has no warranty obligation to the extent permitted by law. Claims for defects in the app are otherwise directed at the operator.
• The operator, not Apple, is responsible for claims of the user or third parties in connection with the Service, for example under product liability, for breach of applicable law, or for infringement of intellectual property rights.
• The user represents that they are not located in a country subject to a US government embargo or designated a "terrorist supporting" country, and are not listed on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this agreement, to the extent the Service is obtained through the App Store. By accepting these terms, the user gives Apple the right to enforce this agreement against the user as a third-party beneficiary.
• Questions, complaints, and claims about the Service should be directed to the operator named in section 1.

14. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country where the user habitually resides remain unaffected.

Should a provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

---

*These terms are not legal advice and do not replace a lawyer's review. Open items are collected in README.md in this directory.*