FYG Terms

The provider and your contracting party is Quiet Day Ventures UG (haftungsbeschränkt), Sophienstraße 40, 38118 Braunschweig, Germany, represented by its managing director Felix Jähn, email: [email protected] (“we”).

These terms govern the use of the Feed Your Gut (“FYG”) mobile app and the services connected to it. Your own differing terms apply only where we have expressly agreed to them. Mandatory consumer protection rights are unaffected. FYG is currently distributed exclusively through the Apple App Store for iOS; Apple’s terms apply in addition to download, payment and platform services.

FYG is aimed at consumers. You must be at least 16 years old. If you are not yet of full legal age, you may use FYG and enter into paid contracts only with the agreement of your legal guardians, or where the statutory conditions are otherwise met.

You need a compatible iPhone, a supported version of iOS, an Apple Account for purchase and payment, and an internet connection. Costs charged by your mobile or internet provider are yours to bear.

FYG has no user account. There is no registration, no sign-in and no credentials. The app runs on your device; that requests to our server come from a genuine, unmodified installation is established technically through Apple App Attest.

The presentation of FYG in the App Store is not yet a binding offer. Downloading the app begins a free relationship covering setup and choosing a subscription. The actual contract for using the app is formed when you take out a subscription, which the App Store confirms; see section 08 for details. Without an active subscription, FYG’s features are not available.

Because there are no credentials, none can be lost or passed on. Please protect your device and your Apple Account. We may temporarily block individual installations or limit features where there are concrete indications of misuse, automated access or a threat to the services.

FYG helps you log meals by photo, text or barcode, makes plant diversity and fiber signals visible, recognises ferments and probiotics, records personal check-ins and shows wellness-oriented patterns derived from them.

The specific scope follows from the current app description and from what the app shows on screen. Use requires an active subscription (section 08). The meal analysis additionally requires your explicit consent, a device permission for the camera or photo library, and an internet connection. The essential core features and any limitations are shown before the contract is concluded and before purchase.

Local data and personal device backups sit in your own technical sphere. You are responsible for making appropriate use of the export and backup options available. Uninterrupted or entirely error-free availability cannot be guaranteed technically; your statutory claims in the event of performance failures remain.

FYG serves general information, documentation and wellness purposes only. FYG does not diagnose, treat, cure or prevent any disease. The app does not monitor acute health risks and is not intended for emergencies.

Automatic recognition, portions, fiber, nutrition values, scores, correlations and hints are estimates. Photos cannot reliably show ingredients, preparation, allergens, quantities or hidden components. AI systems can produce plausible but incorrect results. Review and correct results before saving them.

• Do not use FYG to diagnose or treat symptoms.
• Do not rely on FYG for allergies, intolerances, pregnancy, eating disorders, medication or illness.
• Do not change any treatment, medication or medically prescribed diet because of something FYG displayed.
• Consult qualified professionals about symptoms; in an emergency, call your local emergency number.

You undertake to use FYG lawfully and fairly. In particular, you must not:

• upload photos, text or other content you lack the necessary rights to, or that infringes the rights, privacy or confidentiality of others;
• deliberately transmit faces, identity documents, medical records or other unnecessary sensitive information about third parties;
• deploy malicious code, automated bulk requests, or circumventions of access, rate or security mechanisms;
• misuse FYG, its models or its interfaces to develop unlawful, discriminatory or dangerous applications;
• reverse engineer the app or circumvent technical protection measures, except where this is mandatorily permitted by law.

In the event of a serious or repeated breach we may, after a reasonable balancing of interests, block content, limit features or terminate the contract for cause. Where the breach can be remedied we will generally warn you first; an acute threat or a severe breach may require immediate action.

Your rights in your own photos, text and entries stay with you. You grant us only the non-exclusive rights, limited territorially to the processing technically required and limited in time to the provision of the service, to transmit, compress, temporarily reproduce and automatically analyse that content and to return the result to you.

That right covers the use of the processors named in the privacy notice. It covers neither publication nor any use for advertising or model training by us. The right lapses once the purpose of the processing ends; technically necessary deletion runs and statutory retention obligations are reserved.

The app, brand, design, software, database structure and the content we provide are ours or our licensors’. For the term of the contract you receive a personal, non-exclusive, non-transferable right to use them in accordance with the contract.

FYG is a subscription app. Use requires an active subscription; there is no permanently free edition. The subscription renews weekly, monthly or yearly depending on the plan you choose. Price, currency, billing period, scope, any free trial and the terms of automatic renewal are shown to you in the App Store before you buy. The paid contract is formed when the App Store confirms the purchase.

Recurring subscriptions renew only in accordance with the store terms shown before purchase. You can cancel at any time in the subscription settings of your Apple Account, with effect from the end of the current billing period; in the app, Settings › Manage subscription takes you straight there. Deleting the app does not end a subscription. Purchases are restored through the App Store.

Payments, refunds and the statutory right of withdrawal are governed additionally by mandatory statutory provisions and by the terms of the billing platform. Any agreement to the immediate start of the digital service, and its consequences for the right of withdrawal, is explained separately during the purchase. These terms do not restrict any mandatory consumer rights.

We provide the necessary security, compatibility and functional updates in accordance with statutory requirements. You are obliged to install updates provided within a reasonable time where we have informed you of their availability and of the consequences of not installing them. For defects arising solely from an uninstalled update, the statutory rules apply.

We may change FYG beyond what is necessary to maintain conformity where there is a valid reason, in particular to adapt to law, security, the technical environment or new features, where the change causes you no additional cost and does not shift the balance of performance and consideration unreasonably to your disadvantage. We will inform you clearly and in good time on a durable medium about material adverse changes. Statutory rights of termination, in particular under § 327r BGB, are unaffected.

The term follows the subscription you chose. Cancellation happens where the billing happens: in the subscription settings of your Apple Account, with effect from the end of the current billing period. Cancelling towards us is neither necessary nor sufficient, because we do not run the billing.

There is no account to close or delete. If you want to end FYG, cancel the subscription in the App Store and delete the app. Either side’s right to terminate for cause is unaffected; we may end a free relationship with reasonable notice.

You delete your data yourself, at any time and completely: in the app under Settings › Privacy & data › Clear all local data. That removes the history on the device and additionally has this installation’s identifier deleted on our server. The same screen offers Export local data, which gives you your entries as a machine-readable file. Your personal iCloud backup is managed in your Apple Account settings. Cancelling the subscription and deleting your data are separate steps.

The statutory remedies for digital products apply, in particular §§ 327 ff. BGB. Where there is a defect you may, under the statutory conditions, demand supplementary performance and, where the further conditions are met, end the contract, reduce the price or claim damages.

Please report problems with the app version, the operating system and a description to [email protected]. Do not include unnecessary health data or photos.

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act, to the extent of a guarantee we have assumed, and in other cases of mandatory statutory liability.

Where we slightly negligently breach a material contractual duty, meaning one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely, our liability is limited to the damage foreseeable and typical for this type of contract at the time it was concluded. Otherwise liability for slightly negligently caused damage is excluded. These limitations apply correspondingly to our legal representatives, employees and agents.

No exclusion of liability applies to health-related detriment insofar as liability exists under the rules above or under mandatory law. The statement that FYG is not a medical service defines the contractually owed purpose of the app and does not replace any statutory rule on liability.

Information on the processing of personal and health-related data, on AI providers, backups, deletion and your rights is in the FYG privacy notice.

Consents under data protection law are separate from your agreement to these terms and can be withdrawn at any time with effect for the future.

Changes to these terms

Changes are made only with your agreement, unless a unilateral adjustment is permitted by law, in particular under the rules for digital products. We will inform you about changes transparently. Where a change is materially adverse, your statutory rights apply.

Governing law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected. The statutory places of jurisdiction apply.

Consumer dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Language of the contract

This English text is a translation provided for convenience. The German version at quietdayventures.com/fyg/agb/ is the contractual language and prevails in case of differences, except where mandatory consumer protection law in your country of residence provides otherwise.