General Terms of Use of meala GmbH, Bänschstr. 45, 10247 Berlin, email address: mail@heymeala.com (hereinafter referred to as “Provider”) for using the meala app
General Provisions
The Provider makes an app available to customers according to these terms of use. Deviating terms and conditions provided by the customer are not recognized by the Provider unless explicitly agreed upon in writing. If the app is distributed via an app store, the terms and conditions of the respective app store apply additionally. The Provider is not responsible for third-party internet services linked by or through the app. Such services are governed by their own terms of use. Individuals under 18 require parental consent to use the meala app and to agree to these terms.
Subject of the Contract and Services
The Provider offers the app free of charge, enabling customers to document nutritional information, particularly carbohydrate content in meals, and self-administered insulin levels. Customers can document additional data including meal names, meal photos, barcodes, locations, restaurants, Google Places IDs, GPS data, insulin levels, insulin type, and timestamps. Tags and notes can also be created. Customers may share documented meals and meal locations with each other. Additionally, the app can exchange data with other apps such as Apple Health Kit, Nightscout, Abbott Libre, FatSecret, and Dexcom US. The app is not intended for medical purposes and does not serve to diagnose, prevent, monitor, predict, treat, or alleviate diseases.
The Provider performs services according to current technological standards, continuously developing and updating the app. App availability is guaranteed at 98.5% annually, including maintenance, provided that availability is not interrupted for more than two consecutive calendar days, excluding necessary routine maintenance or circumstances outside the Provider’s control (e.g., force majeure, third-party actions, technical problems, or legal changes).
Premium Subscription
The meala app optionally offers a paid premium subscription providing additional features and content. The subscription renews automatically unless canceled at least 24 hours before the current subscription period ends. Premium subscriptions can be monthly or annual. Billing occurs via your Apple ID (iOS) or Google account (Android) upon purchase confirmation. Automatic renewal occurs unless canceled at least 24 hours before expiry. Your account will be charged within 24 hours before the subscription period ends, matching the price agreed upon at subscription initiation. You can manage or cancel the subscription at any time through your Apple ID or Google account settings. Cancellation takes effect at the end of the current subscription period, and premium features remain accessible until that time. If a free trial is offered, it converts automatically into a paid subscription unless canceled at least 24 hours before the trial ends. Cancellation during a free trial terminates the premium subscription without charges. Refunds follow Apple App Store or Google Play Store guidelines and must be requested directly from Apple or Google. Current pricing is displayed within the app before subscribing. The Provider reserves the right to change prices with prior notification. Subscribers will be informed in advance about price changes and may cancel their subscription before the next billing.
Anonymous Data Usage for Research Purposes
meala GmbH reserves the right to use fully anonymized data, which cannot identify individual users, for scientific and research purposes or share it with selected research institutions. Personal or personally identifiable data will not be used.
Usage Rights for the App
The Provider grants customers a non-exclusive, non-transferable right to use the app as intended during the contract period. Customers may not allow third parties to use the app or storage space provided, whether fully or partially, paid or unpaid. Subleasing the app is expressly prohibited.
Usage Rights for Uploaded Images / Personal Rights
Customers can upload images to publicly share with other app users. By uploading images, customers grant the Provider non-exclusive rights without geographical or temporal limitations for all uses and exploitation forms. The Provider may sublicense and transfer images to third parties for analysis, statistics, and evaluation. Customers affirm they hold all image rights and are authorized to transfer usage rights. Rights from third parties are excluded unless an agreement allows full and final rights transfer under this contract. Customers affirm uploaded images contain no unlawful, political, or pornographic content, no identifiable individuals, and no personal data. Customers indemnify the Provider against any third-party claims arising from violations.
Support
Application or software problems will be handled by the Provider’s support, available weekdays Monday through Friday, 09:00 – 17:00. Support requests must be submitted via designated communication channels on the Provider’s website or ticket system if available. Requests are processed chronologically based on receipt.
Customer Obligations
Customers must maintain updated registration data and refrain from violating these terms and applicable laws. Customers must ensure exclusive personal account usage, securely maintain login credentials, and prevent third-party data access. Customers bear responsibility for damages resulting from negligent violations of these duties. Customers must use the app solely for intended purposes (documenting nutritional and insulin data), observing all contractual and legal provisions. Any unauthorized use beyond the contractual purpose is prohibited. Notwithstanding the Provider’s data backup obligations, customers remain responsible for inputting, maintaining, and backing up necessary data. In case of app-related data loss due to Provider fault, liability covers only restoration and backup costs for data lost despite proper backup by the customer. Insufficient backup may result in shared fault under § 254 of the German Civil Code (BGB). The “Liability and Indemnification” provisions remain unaffected.
Blocking
The Provider may immediately block app access upon reasonable suspicion of stored data violating laws or these terms. Such suspicion arises particularly when courts, authorities, or third parties inform the Provider. The Provider must promptly notify customers about the block and reasons. The block will be lifted when suspicion is dispelled.
Warranty for Defects The Provider guarantees app functionality and operational readiness as per this agreement and applicable statutory warranty laws.
Liability and Indemnification The Provider bears unlimited liability for intentional or grossly negligent actions, intentional or negligent harm to life, body, or health, explicit guarantees, or compulsory liability (e.g., product liability). If a Provider negligently breaches a significant contractual obligation, liability is limited to typical, foreseeable contractual damages unless unlimited liability applies as above. Significant contractual obligations are essential duties enabling contract execution and regularly trusted by customers. Beyond this, Provider liability is excluded. These liability provisions extend to Provider representatives and agents. Customers indemnify the Provider against third-party claims, including statutory defense costs, arising from customers’ unlawful or contractual breaches.
Final Provisions
These terms are governed by German law, excluding the UN Sales Convention. If the customer is a merchant or lacks a general jurisdiction in Germany, the Provider’s headquarters shall be the exclusive jurisdiction for disputes. This does not apply if another exclusive jurisdiction is mandatory. The Provider may change these terms for justified reasons (e.g., changes in law, market conditions, or company strategy) with appropriate advance notice. Existing customers will be informed via email at least two weeks before changes take effect. Customers’ approval is presumed if no objection occurs within the stipulated timeframe. Notifications will detail intended changes, deadlines, and consequences of objecting or not responding.
Online Dispute Resolution / Consumer Arbitration
The EU Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr. This platform resolves disputes from online purchases or service contracts involving consumers. The Provider neither participates nor is obligated to participate in consumer arbitration procedures according to the VSBG. The Provider’s email address is provided at the beginning of these terms.
Status: March 2025