Terms and Conditions of Use

Here you find the General Terms and Con­di­tions of Use for the My-Nutri-Diary fittness plat­form. Please also read our privacy poli­cy, which is an in­te­gral part of our General Terms and Con­di­tions of Use to gain fur­ther insides into how we protect and use your personal data.

Purpose and Range of Services

My-Nutri-Diary provides a platform for cap­tur­ing, management and analysis of your ac­tiv­i­ties, di­et and drinking habits as well as for mo­ni­tor­ing of your body composition. In this way we aim to support you in achiv­ing your nu­tri­tion and fitness goals.
The following terms and conditions of use apply to the use of our services as described above. Pro­vi­ded that you agree with the terms pre­sen­ted, My-Nutri-Diary grants you a non-exclusive and non-trans­fer­able right to access and use the My-Nutri-Diary plat­form. By star­ting to use one or several of the My-Nutri-Di­ary ser­vices, you declare your a­gree­ment with our terms and con­di­ti­ons of use.

Usage Costs and Connection Fees

The majority of our services is granted free of char­ge. If a user would like to use paid extra ser­vi­ces, he will be informed about arsing ser­vice costs. Fur­ther­more, the user will expli­ci­tly need to con­firm the use of these services by com­ple­ting an ordering process.
Details about arising fees for paid extra ser­vices are provided by means of a price list. The fees for paid ser­vices are due immediately upon re­ceipt of the in­voice for the entire term agreed in the or­der­ing pro­cess. If fees are not paid, the user will carry any re­sul­ting costs, in particular banking fees as­so­ci­ated with the re­jec­ted debit entries and com­pa­ra­ble fees, to the extent that the user is responsible for the event which re­sul­ted in those fees.
My-Nutri-Diary is entitled to send invoices and pay­ment reminders by e-mail. Users of paid ser­vic­es are required to immediately inform My-Nutri-Diary about changes to their e-mail ad­dre­ss, their invoice address or payment details. The payment de­tails will be saved in order to process payments. Paid services, which are identified as having a mi­ni­mum usage period during the sub­scrip­tion pro­cess, will continue for the mi­ni­mum usage period specified by the user.
The paid services will then be extended by the same periods unless they are terminated by the user or by My-Nutri-Diary. My-Nutri-Diary here­wi­th explicitly in­for­ms the user, that ad­di­tion­al con­nec­tion and trans­fer costs may apply for data transfer, when using the My-Nutri-Di­ary ser­vic­es. These costs will have to be payed to the user's access pro­vi­der or mobile phone op­er­a­tor.

Registration with My-Nutri-Diary

Each user is only entitled to register once on the My-Nutri-Diary plat­form, and the re­gis­tra­tion is con­strain­ed to cre­at­ion of a single user profile. The user reg­is­ters by en­ter­ing a user­name, an e-mail address, a pass­word, and per­so­nal in­for­ma­tion like his first and last name. By com­ple­ting this initial registration process the user submits an offer to enter into an a­gree­ment to use the services of My-Nutri-Diary. My-Nutri-Diary ac­cepts this offer by activating the user for the My-Nu­tri-Diary platform.
Former users, whose account was dismissed by My-Nutri-Diary, are not permitted to register with My-Nutri-Diary again. In case these for­mer users are wish­ing to sign up with My-Nutri-Di­ary again, they must send an e-mail to My-Nutri-Diary declaring their wish to be­come a user of the platform again.
If a registration process was not completed en­tire­ly with all requested user data, My-Nutri-Diary is en­ti­tled to delete the in­com­ple­te ac­count, including al­ready en­tered de­tai­ls. Users do not have a legal en­ti­tle­ment to re­gis­ter as a user of the My-Nutri-Diary plat­form. My-Nutri-Diary reserves the right to reject an at­temp­ted registration by sending a message to the user to this effect without statement of reasons.
Users can store additional in­for­ma­tion on their My-Nutri-Diary account after registration. This in­for­ma­tion is in particular information like per­so­nal details, which My-Nutri-Diary needs, to pro­vi­de ana­ly­ti­cal da­ta or analytical charts to sup­po­rt the user in improving his activity le­vel, diet or drinking habits. The user can add new in­for­ma­ti­on, or edit and de­le­te in­for­ma­tion at a later date. Users are required to enter only truthful in­for­ma­ti­on.

Scope of Services

My-Nutri-Diary reserves the right to change, ex­tend, limit or discontinue the My-Nutri-Diary plat­form and / or the services provided at any time in terms of their con­tent, graphics and / or fun­c­ti­on. This does not af­fect the rights of the user to the complete fulfilment of con­tract­ually agreed paid services.

Availability of Services

The user acknowledges that for technical rea­sons, My-Nutri-Diary is unable to guarantee the con­ti­nu­ous availability of the My-Nutri-Di­ary plat­form, in­di­vid­u­al platform services, or ser­vic­es of third par­ties (in­clu­ding data up- or down­load via the user’s mobile phone con­nec­tion), and that the user has no en­ti­tle­ment to con­tinu­ous a­vail­a­bil­ity.
My-Nutri-Diary reserves the right to limit or tem­po­ra­ri­ly suspend its services for main­ten­an­ce, se­cu­ri­ty or capacity reasons at its dis­cre­tion.

Confidentiality of Login Credentials

The user must keep his access credentials con­fi­den­tial and must not pass them on to third par­ties. If the user sus­pects that his My-Nutri-Diary ac­cou­nt has been mis­used or is at risk of being mis­us­ed, he must im­me­di­ate­ly change his pass­word and in­form My-Nutri-Di­ary.

Legality of Content

The user commits oneself not to publish or tr­ans­fer any content (e.g. text, photos, videos..) via the My-Nutri-Di­ary platform which is un­law­ful, in par­tic­u­lar racist, pornographic, of­fen­sive or de­fa­ma­to­ry, or in­fringes the rights of third par­ties, in particular copy­rights or per­so­na­li­ty rights.
The user is fully responsible for all content which he publishes and disseminates on the My-Nutri-Diary plat­form. If a user gets in­for­med that he uploaded con­tent to the My-Nutri-Diary plat­form which in­fringes ap­pli­ca­ble law or be­comes aware of this fact in any other way, the user is required to inform My-Nutri-Di­ary. For this purpose the user can send an e-mail to My-Nutri-Diary with a request to delete the re­la­ted con­tent.

Omission of Disruption and Abuse

The user shall refrain from disturbing others with at­tempts of offensive and sexually ori­en­ted com­mu­ni­ca­tion. In addition, the user shall re­frain from any ac­tiv­i­ties which are likely to af­fect the func­tio­na­li­ty of the My-Nutri-Diary plat­form and services.

Permissions Granted by User

If the user uploads content (in particular, but not li­mi­ted to text, reviews, photos, videos...) to the My-Nutri-Diary platform, and makes this con­tent publically ac­ces­si­ble to other users, the user ther­e­by grants My-Nu­tri-Diary the non-ex­clu­si­ve and geographically un­re­strict­ed right to make this con­tent publically ac­ces­si­ble on all media used and technically associated with the My-Nutri-Diary plat­form, and to pass it on to other users, ir­res­pec­tive of the technical medium used.
If the user uploads information about nutritional products he therewith allows My-Nutri-Diary to use and modify this information without restrictions. Those data will always be made available to the entire My-Nutri-Diary user community.
The granting of rights described above also in­clu­des the permission for My-Nutri-Diary to pro­cess the con­tent uploaded by the user, in particular to make all re­quired adjustments (e.g. to image re­so­lu­tion). The above usage rights, which are gran­ted to My-Nutri-Di­ary on the uploaded con­tent of the user, will not expire at the end of the mutual agree­ment regarding the use of the My-Nutri-Diary plat­form.

User and Third-party Content

My-Nutri-Diary accepts no liability or res­pon­si­bi­li­ty for the content which was uploaded or tr­ans­fer­ed to the My-Nutri-Diary platform by users, i.e. which was made publicaly accessible to other users through the My-Nutri-Diary plat­form. In particular, My-Nutri-Di­ary cannot gu­ar­an­tee that content provided by a user for use by other users is ac­cu­ra­te and complete.
The user assures that he owns all necessary rights to the content he has posted on the My-Nu­tri-Diary plat­form. To this extent, the user holds My-Nutri-Diary harm­less of any claims as­sert­ed by third parties due to this content, e.g. if the afore­men­tion­ed content is il­le­gal, in par­tic­u­lar if it infringes property rights (e.g. copy­rights or per­so­na­li­ty ri­ghts). This ex­emp­tion from liability, as granted by the user, also in­cludes the costs which are in­cur­ring for My-Nu­tri-Diary in connection with a le­gal review or le­gal defence, up to the full amount of sta­tu­to­ry legal fees.
My-Nutri-Diary makes third-party con­tent avai­la­ble to users, including images and in­for­ma­tion re­gar­di­ng nu­tri­tion products. In addition, the user may also have ac­cess to further third-party con­te­nt which is made ac­ces­si­ble through the My-Nutri-Diary platform. My-Nu­tri-Di­ary ac­cepts no res­pon­si­bi­li­ty for the accuracy or com­plete­ness of the in­for­ma­tion provided by third parties.
Once the user has followed a link to another web­si­te, i.e. once he leaves the My-Nutri-Diary platform, My-Nu­tri-Diary has no further control or influence in re­gards to the content provided by these sites. My-Nu­tri-Diary does not own this con­tent and accepts no res­pon­si­bi­li­ty for the con­tent, unless My-Nutri-Diary was previously informed about the illegal nature of this con­tent. In this case My-Nutri-Diary will check the link and delete it if appropriate.

Liability of My-Nutri-Diary

Use of My-Nutri-Diary is at your own risk. You are re­spon­si­ble for your conduct and the con­se­quen­ces at all times. All liability of My-Nutri-Di­ary is ex­clu­ded, ir­re­spec­tive of the le­gal grounds. My-Nutri-Diary is more­over not liable for con­tent published by users on or through the My-Nutri-Diary platform.

Blocking or Banning of a User

If My-Nutri-Diary obtains specific evidence that a user has acted illegally or has breached these general terms and conditions during the use of the My-Nutri-Diary plat­form, My-Nutri-Diary is en­ti­tled to remove the le­gal­ly ob­ject­ion­able, or legally questionable con­tent pro­vi­ded by the user, and / or to exclude the rel­e­vant user from the plat­form, and / or ban the user, who has acted in vi­o­la­tion of law or this contract following an ap­pro­pri­ate notice per­iod.
This ban may be temporary in order to clarify the ac­cu­sa­tions made against the relevant user, or it may be per­ma­nent.

Regular Contract Termination

My-Nutri-Diary is entitled to terminate the li­cen­ce ag­gre­ment concluded with the user with a no­tice period of one month. This is without pre­ju­di­ce to My-Nutri-Diary's right to terminate the licence a­gree­ment for good cause with im­me­di­ate effect. Good cause for ex­traor­di­nary ter­mi­na­tion includes, for example, if My-Nutri-Diary gets awa­re of the fact that a user has acted in vi­o­la­tion of law or contract during his use of the My-Nutri-Diary platform. In particular, if the user uploaded content which infringes third-party pro­pri­etary rights.
In the event of use in violation of contract, My-Nutri-Diary will give the user the opportunity to remedy his breach of contract before termination for good cause.
In the event of termination with notice or for good cause, My-Nutri-Diary can submit its notice of ter­mi­na­tion to the e-mail address specified by the user.
Upon termination of a licence agreement con­clu­ded with a user, My-Nutri-Diary will delete all personal da­ta related to the user. My-Nutri-Diary is entitled to process, use, store, transfer to law en­for­ce­ment au­thor­i­ties and / or injured third par­ti­es, the personal data of the user and / or the con­te­nt he uploaded to the My-Nutri-Diary plat­form (e.g. text, photos, videos..).
This entitlement is to safeguard over­ri­ding in­ter­es­ts relating to the clarification of potential mis­use of the My-Nutri-Diary platform for the pur­po­se of pro­se­cu­tion, even after the end of the li­cen­ce a­gree­ment, which was concluded between the user and My-Nutri-Diary.

Final Provisions

My-Nutri-Diary reserves the right to amend the gen­e­ral terms and conditions at any time without providing reasons. My-Nutri-Diary will no­ti­fy the user about any amendments to the gen­e­ral terms and conditions. Amend­ments do not have retroactive effect and will become effective not earlier than 14 days after their pub­li­ca­ti­on.
Not­with­stan­ding are changes relating to a new func­tion for a service, or changes for legal rea­sons. These will take effect immediately. If the user does not ob­ject to the application of the new general terms and con­di­tions within a period of two weeks after the no­ti­fi­ca­tion through deletion of his ac­cou­nt, the amended gen­er­al terms and con­di­tions will be deemed to have been ac­cep­ted by the user.
My-Nutri-Diary will inform the user about his right to object, and the meaning of the ob­jec­ti­on dead­li­ne in the notification. If the user objects to the amended gen­e­ral terms and conditions, My-Nu­tri-Diary will ter­mi­nate the agreement im­me­di­a­te­ly. My-Nutri-Diary may send state­ments to the user via e-mail or letter, to the address which the user has specified in the contact de­tails of his My-Nutri-Diary account.
In case individual provisions of these general ter­ms and conditions be or become ineffective, this will not affect the effectiveness of the re­main­ing pro­vi­si­ons. The place of performance is the head­quar­ter of My-Nutri-Diary. The place of ju­ris­dic­tion within the me­an­ing of the Commercial Code (HGB) is the head­quar­ter of My-Nutri-Diary. Ger­man law applies under ex­clu­sion of private in­ter­na­tio­nal law and the CISG adopted into Ger­man law.
This document is a translation of the German original ver­sion of our General Terms And Con­di­tions of Use. In case of ambiguties or ob­scu­ri­ties, the German ver­sion of this document has to be considered as the leading, and the only le­gal­ly binding document.