Terms & Conditions

1. Introduction

1.1 These Terms and Conditions ("Terms") set forth the rules and guidelines for accessing and using the services offered by FoodFacts, a business registered at Mariahilfer Strasse, 1060 Vienna (hereinafter referred to as "FoodFacts," "we," "us," or "our"). The services are delivered via our FoodFacts applications ("App") and platforms ("Platform"), together known as the "FoodFacts Services". These Terms form a binding legal agreement between FoodFacts and either a corporate entity or you as an individual user (collectively referred to as "you").

1.2 FoodFacts Services are dedicated to providing users with nutritional and health-related data concerning various food products. Your use and access of the FoodFacts Services signify your acceptance of these Terms. Please review these Terms thoroughly before you begin to use our services. If you disagree with these Terms, please refrain from using the FoodFacts Services.

1.3 FoodFacts is committed to offering reliable nutritional and health-related insights but is not a substitute for professional advice from dieticians or healthcare providers. These services are intended to supplement, not replace, professional healthcare advice. Accepting these Terms means you acknowledge that you are solely responsible for your own health and dietary decisions.

2. Definitions

2.1 User(s): This term applies to anyone who utilizes the FoodFacts Services, regardless of how they access the services or their location. Users are categorized as follows:

  • Visitors: Individuals who interact with the FoodFacts Services without registering, accessing basic features.

  • Registered Users: Individuals who have created an account with the FoodFacts Services, gaining access to enhanced functionalities.

  • Subscribers/Paid Users: Registered Users who have paid a subscription fee or unlocked specific content, gaining additional access and functionalities.

    2.2 Content: This encompasses all forms of data, including text, images, videos, and other materials available through the FoodFacts Services.

    2.3 Personal Information/Data: Any data that can identify a person, such as names, email addresses, location details, usage patterns, search queries within the app, and feedback.

    2.4 Premium Services: These are exclusive features or services that are not part of the free version of the FoodFacts Services, accessible to Users who have subscribed or paid for content unlocks.

    2.5 Account: A User's personal profile on the FoodFacts Services, set up by submitting specific required information and protected with a password, which provides additional capabilities beyond those available to Visitors.

    2.6 Parties: Refers collectively to both the User and FoodFacts, and individually as "Party."

3. Validity

These Terms of Service exclusively govern the use of the FoodFacts Services, including but not limited to the App, Platform, and all related domains and applications. Agreement to these Terms is mandatory for all forms of access. By using any part of the FoodFacts Services, you confirm your acceptance and agreement to comply with these Terms.

4. Description of the Subject of Terms and Conditions

FoodFacts offers a broad range of food-related insights and functionalities across various platforms, as outlined below:

4.1 Website

Provides extensive information related to food and nutrition at no cost.

4.2 Mobile App

Available on various smartphones, including Apple iPhones and Android phones, this app includes several features such as:

  • Product Scanner: Scans food products to give detailed nutritional facts and health information.
  • Diet Tracker: Helps users monitor their dietary habits and health statistics.
  • Insights: Delivers free information on nutritional topics, safe ingredients, dietary advice, and potentially brand-specific data.

4.3 Data Transmission

Users recognize that data transfer to the platform via a smartphone could result in charges from their mobile provider, which are the user's responsibility. Additional provider terms may apply.

5. User Registration & Account Management

5.1 Registration

Access to certain functionalities of the FoodFacts App requires a one-time, no-cost registration. This process requires users to fill out a form with accurate and complete information, using their real names as pseudonyms are not permitted. Only those capable of entering legally binding contracts may register.

5.2 Account Management

Users have control over their account settings and can delete their accounts through the app.

5.3 Account Security

We employ advanced technology to protect user accounts. Users can reset forgotten passwords via email verification. For security incidents, contact us directly at hello@foodfacts.app.

5.4 Account Misuse

Users must:

  • Provide accurate and complete registration information and must not share this information with others.
  • Ensure they hold rights to any content they upload or share through the services.
  • Avoid any actions that might disrupt the network or FoodFacts's operations.
  • Not engage in data scraping or similar activities without permission.
  • Report any breaches of these terms promptly to FoodFacts.

5.5 Data Management

User data management is detailed in our Data Privacy Policy.

5.6 Implications of Registration

By registering, users acknowledge and agree to these Terms and affirm that all information provided is current and truthful.

5.7 Rights of FoodFacts

We reserve the right to suspend or terminate accounts or deny service without explanation. Incorrect or false information may lead to account termination.

5.8 User Identity

FoodFacts is not responsible for verifying the identity of its users.

6. Types of users

6.1 Visitors / Free Users

Visitors and free users have limited access to available features. FoodFacts reserves the right to modify, suspend, or discontinue the features available to visitors at any time without prior notice.

6.2 Premium Users

Premium users have access to extended features offered by FoodFacts. FoodFacts reserves the right to modify, suspend, or discontinue the features available to visitors at any time without prior notice.

6.4 Payment Terms, Subscription Renewal & Content Unlocks

The subscription fee for premium services will be billed at the beginning of your subscription unless and until you cancel your subscription. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.

In addition, users can make one-time payments to unlock specific content and features for a specified period of time. These purchases are nonrefundable.

6.5 Cancellation & Refund Policy

You may cancel your FoodFacts Premium Subscription at any time, and you will continue to have access to the Premium service through the end of your billing period. We do not provide refunds or credits for any partial subscription periods or for one-time content unlocks.

6.6 Changes to Premium Usage

FoodFacts reserves the right to modify, suspend, or discontinue the premium features, including the availability of any content or feature, at any time without prior notice.

6.7 Termination

Every user has the right to terminate the use of FoodFacts services at any time via his/her account settings. Such termination shall be confirmed to the user.

FoodFacts reserves the right to terminate a user’s membership and free account for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

6.8 Particular Right of Cancellation for Users as Consumers (in accordance with Austrian KSchG)

Consumer Law Applicability: If you are a Registered User, and you're utilizing the FoodFacts Platform for purposes unrelated to any commercial or professional freelance activities, the provisions detailed below are applicable to you as a consumer, as per Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

Contract Withdrawal Rights: You reserve the right to revoke your agreement with FoodFacts without citing any reasons, within 14 days from the day the agreement was formalized. The cancellation should be communicated in writing, such as by letter or email. You may direct your cancellation notification to: hello@foodfacts.app

Cancellation Consequences: Following the cancellation, any benefits mutually received must be returned, and any derived economical advantages must be repaid. If you're unable to fully or partially return the services rendered by FoodFacts, you'll be required to compensate FoodFacts for the lost value – relative to the duration of usage of the provided services. This may lead to an obligation on your part to proportionally fulfill your payment obligations until the cancellation comes into effect. All obligations to reimburse costs must be satisfied within 30 days. For you, this period commences with the dispatch of your contract cancellation, for us, it begins upon receipt.

7. Intellectual Property Rights

7.1 Ownership of Content: All content, features, and functionality on the FoodFacts platform, including but not limited to, information, text, graphics, logos, images, software and the design, selection and arrangement thereof, are the exclusive property of FoodFacts or its licensors, unless otherwise explicitly stated. All rights are reserved.

7.2 User-Generated Content: By posting, submitting, or otherwise providing any user-generated content, you grant FoodFacts a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in any media, and to use the name that you submit in connection with such content. You also agree that FoodFacts can analyze this data for various purposes including improvements to the platform, user insights, and potentially selling aggregated anonymized data to third parties.

7.3 Use of Content: Users are permitted to use the content on the FoodFacts platform for personal, non-commercial purposes only. No part of the platform or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way for any other purpose without FoodFacts's prior written consent.

7.4 Third-Party Content: In the future, if FoodFacts incorporates third-party content or data, the use of such content will be governed by the terms of use and policies of the respective third-party providers, in addition to these Terms & Conditions. Any violation of those terms may result in the termination of your access to FoodFacts services.

7.5 Trademarks: The FoodFacts name, the FoodFacts logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FoodFacts or its affiliates or licensors. You must not use such marks without the prior written permission of FoodFacts.

7.6 Copyright infringement: FoodFacts respects the intellectual property rights of others and expects its users to do the same. It is FoodFacts's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

7.7 Software: Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you by FoodFacts on a non-exclusive and limited basis. FoodFacts does not transfer title to the Software to you. You own the medium on which the Software is recorded, but FoodFacts retains the full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

8. Privacy Policy

Please see the separate Privacy Policy that is an integral part of this agreement.

9. Limitation of Liability

9.1 General Liability: In accordance with applicable law, FoodFacts bears liability only in instances where damage is caused intentionally or through gross negligence. In circumstances of minor negligence, FoodFacts' liability towards businesses is waived entirely, while towards consumers, liability is limited to personal damages. FoodFacts assumes no liability for consequential damage, financial loss, lost profit, or damages stemming from third-party claims in transactions involving businesses. The user understands that the FoodFacts Services are used entirely at their own risk.

9.2 Content and Information Liability: FoodFacts, along with any affiliated entities, will not bear liability for damages ensuing from the utilization of content or information made accessible through the online platform or other forms of use related to FoodFacts Services, unless legally obligated. This includes, but is not limited to, damages resulting from errors, complications, viruses, or data loss. The user acknowledges that any data or content may contain errors and FoodFacts does not, to the extent permitted by law, assume any responsibility for the accuracy, completeness, legality, or reliability of such data.

9.3 Service Availability: FoodFacts is not liable for periods of downtime or inaccessibility of the FoodFacts Services, whether due to internal issues or factors beyond FoodFacts' control, such as user-side connectivity issues. The user acknowledges that FoodFacts does not warrant that the services will be available at all times or completely free from errors.

9.4 Non-Professional Advice: The FoodFacts Services do not constitute professional medical or safety advice. Any reliance upon information obtained from FoodFacts Services is strictly at the user's own risk.

9.5 User Conflicts: Users assume exclusive liability for any claims or lawsuits deriving from or relating to conflicts with other users. Users acknowledge and accept that FoodFacts bears no liability for the actions or omissions of other users, or for any damages related to such actions or omissions.

9.6 External Content: FoodFacts assumes no liability for external links, banners, or other information and marketing offers made accessible to the user. Any contractual arrangements entered into between the user and a third-party provider via linked websites or banners result solely in a contractual relationship between the user and the third-party provider. FoodFacts does not make any representations or warranties with respect to products or services of third-party providers.

10. Indemnification

Indemnification: If any claims are brought against FoodFacts by third parties due to the violation of their rights through content the user posted or any usage of the FoodFacts services by the user, the user agrees to hold FoodFacts harmless. This includes any and all legal costs (including but not limited to court costs and attorney fees, to the extent permitted by law) resulting from such claims, unless the user is not at fault for the infringement.

Assistance: If a third-party claim arises, the user agrees to provide FoodFacts with all necessary, accurate, and comprehensive information to both assess the validity of the claim and mount a defense against it in a timely manner. This provision does not affect any other damage claims FoodFacts may be entitled to make against the user.

11. Changes to this Terms & Conditions

FoodFacts retains the right to modify these Terms & Conditions as required, for a variety of reasons, including but not limited to regulatory compliance, commercial reasons, or to improve customer service. The current version of these Terms & Conditions will always be available for review on the website and in the apps or as part of other contracts.

For minor modifications to these Terms & Conditions (such as those necessitated by a change in law), FoodFacts may simply update the Terms & Conditions on the Platform and within the apps. You are encouraged to review these Terms & Conditions regularly to ensure you are familiar with the most current terms. For any substantial changes that could negatively impact you, FoodFacts will either seek your explicit agreement to the changes via communication within the FoodFacts Services, or we will inform you about any changes at least two weeks before they become effective through an email to the address provided during registration ("Amendment Notification").

The Amendment Notification will contain the following details: (i) the updated Terms & Conditions,
(ii) the date when the changes will become effective,
(iii) a two-week period within which you can raise objections, and
(iv) information on the consequences of not raising an objection.

If you do not object to the changes within the given time, the updated Terms & Conditions will be considered accepted. If you object to the changes, FoodFacts has the right to terminate the user agreement and delete your user account. This will be done considering your interests, particularly if it is not possible or reasonable for FoodFacts to continue the contractual relationship under the existing terms and conditions.

12. Discontinuation of Services

FoodFacts maintains the right to terminate one or more of its Services. All users will be duly notified in the event of the App's discontinuation. Following this notification, Premium Members can continue using the App for the duration of their existing subscription period. However, please be aware that the following restrictions will be in effect during this period:

The ability to download the App on another device may not be available.

FoodFacts will not provide any updates for the App during this time. This implies that if there's an update to your device's operating system or if there are changes in other critical third-party technical services during this period, it could render the App unusable. FoodFacts does not take on any liability for such instances.

13. Miscellaneous

Should any provisions of these Terms and Conditions be deemed invalid or unenforceable, such determination will not impact the validity or enforceability of the remaining provisions herein, which shall remain in full force and effect.

The application and interpretation of these Terms & Conditions, along with all contractual relationships and disputes arising between users and FoodFacts, are subject to Austrian law. This excludes the conflict of law rules under the United Nations Convention on Contracts for the International Sale of Goods. The preceding clause does not apply to users who are consumers as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

The designated place for service delivery and the exclusive jurisdictional court shall be Vienna, Austria. This stipulation does not apply to users who are consumers within the meaning of the KSchG.

14. Contact Details

If you have any questions or suggestions regarding this information or if you wish to contact us to assert your rights, please direct your inquiry to: hello@foodfacts.app