§ 1 Scope and provider
These terms govern the use of the “Pomilu” app for iOS and Android (the “App”). The provider is:
Sven Grabowski
Pletschmühlenweg 62
50259 Pulheim
Deutschland
Email: sven@pomilu.app
(“we”, “us”). The terms of Apple’s App Store or Google Play, through which you download the App and buy subscriptions, apply in addition. Deviating terms of users do not apply.
§ 2 Services
Pomilu helps you lose weight by calculating a daily budget from your details and telling you in words how much still fits today. You log meals by photo, voice, text, barcode or “Same again”. Recognition by photo, voice and text uses an AI service and provides estimates that may be wrong or inaccurate. Please check the results and correct them if needed.
The App stores your data on your device. We do not offer a cloud backup; you are responsible for backing up your device. Details on data protection can be found in the Privacy Policy.
§ 3 Requirements for use
The App is intended for people aged 18 and over. It is not suitable for people with (current or past) eating disorders, during pregnancy or breastfeeding, if underweight or with conditions that require medically supervised nutrition. In these cases, please talk to a doctor before trying to lose weight.
§ 4 No medical advice
Pomilu is not a medical device and is not a substitute for medical or dietary advice, diagnosis or treatment. All information, guidance and estimates are for general orientation only. If you have health problems or questions, please consult a healthcare professional.
§ 5 Free use and trial
- You can use the App without a subscription. The first 3 recognitions of new meals by photo, voice or text are free. A recognition counts as soon as it has succeeded, even if you do not save it.
- Logging by barcode and “Same again” remains free even without a subscription.
- The annual subscription starts with a free trial of 7 days if you have not used it before. The store may limit the trial to once per account.
There is no entitlement to permanent free use of particular features.
§ 6 Subscriptions and prices
For unlimited recognition by photo, voice and text we offer subscriptions:
- Annual subscription: €39.99 per year, with a 7-day free trial
- Monthly subscription: €7.99 per month
All prices include statutory VAT. The price shown to you in the store before purchase is binding; it may differ by country and currency. Purchase and payment are handled through your Apple or Google account and under their terms. Payment is due when you confirm the purchase or, for a trial, when the trial ends.
§ 7 Term, renewal and cancellation
- Subscriptions renew automatically for the same term (one year or one month) unless you cancel at least 24 hours before the end of the current term.
- The trial automatically converts into the paid annual subscription unless you cancel at least 24 hours before it ends.
- You can cancel at any time in the subscription settings of your Apple account or in Google Play. The App takes you there via “Settings → Manage subscription”. Deleting the App does not cancel the subscription.
- After cancelling, you can keep using the subscription features until the end of the paid term. Afterwards, your entries, barcode scanning and “Same again” remain available.
- Refunds are subject to Apple’s or Google’s rules and to statutory law.
§ 8 Right of withdrawal
As a consumer you have a statutory right of withdrawal. As the purchase is handled by Apple or Google, you exercise it through the respective store (for Apple e.g. via reportaproblem.apple.com). The withdrawal policy and terms of the respective store apply.
§ 9 Your obligations
- Use the App only for yourself and within the law.
- Do not upload content that infringes the rights of others; if possible, photograph only your food and not other people.
- Do not circumvent the App’s limits (e.g. on free entries), do not access our server in an automated way and do not disrupt its operation.
In case of violations, we may block access to recognition for the device ID concerned.
§ 10 Availability and changes
We strive for uninterrupted operation. Recognition and barcode lookups depend on our server and on third-party services and may be temporarily unavailable, e.g. during maintenance or outages. We may develop the App further and change features as long as the contractually agreed core of the service is preserved and the change is reasonable for you. Statutory obligations to provide updates remain unaffected.
§ 11 Rights of use
For the duration of use, we grant you a simple, non-transferable right to use the App for private purposes. All rights in the App, its texts and its design remain with us. Product data from Open Food Facts is available under the Open Database License (ODbL).
§ 12 Liability
- We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
- In cases of slight negligence, we are only liable for breaches of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. Liability is then limited to the foreseeable damage typical for the contract.
- Otherwise, liability is excluded.
- Within the limits above, we give no warranty for the accuracy of the AI’s estimates or of third-party product data.
§ 13 Changes to these terms
We may change these terms with effect for the future if the law, the App or our service providers change. We will inform you about material changes in the App in good time. Changes affecting essential rights and obligations (e.g. prices or the scope of a running subscription) only apply with your consent.
§ 14 Dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
§ 15 Final provisions
The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected. Should any provision of these terms be invalid, the remaining provisions remain valid.