Terms of Use for the App

1. Scope

1.1 These Terms of Use apply to all paid and unpaid services provided by GreenMates GmbH, Luisenstraße 53, 10117 Berlin (hereinafter referred to as "Provider") in connection with the application "GreenMates" (hereinafter referred to as "App"). If applicable, these provisions supplement other terms of use or agreements from GreenMates GmbH.

1.2 These Terms of Use exclusively address the relationship between the users and GreenMates GmbH.

1.3 These Terms of Use do not address the relationship between users and the platform operator through which the App was distributed (e.g., app stores). However, they do apply in addition to the respective terms of the app store operator.

1.4 The Terms and Conditions can be accessed at any time on the website https://www.greenmatesberlin.com/ or within the App under the profile section.

2. Scope of Services

2.1 The Provider offers various functions through the App aimed at supporting users in achieving a healthy and sustainable diet. By scanning products in the supermarket, users are shown sustainability and health metrics of the products. Additionally, users receive alternative suggestions that better match their health and sustainability goals. A selection of recipe suggestions facilitates efficient meal planning along with an integrated shopping list. Product and recipe suggestions can be personalized by users by setting health and sustainability preferences along with personal details in their profile, ensuring that only the most relevant products and recipes are suggested. Users do not have a right to specific recipes, products, or other suggestions. Users can also upload their own recipes and related images, which will then be reviewed by the GreenMates team. The functionalities of the App may only be used for personal purposes.

2.2 GreenMates GmbH will make efforts to provide services as uninterrupted as possible. However, despite all due diligence, service disruptions cannot be ruled out. There is no claim for continuous availability of the service or specific functionality against GreenMates GmbH.

2.3 The operation of the App requires the use of commonly used and current technologies to function properly. The functionalities of the App can only be fully utilized if users also use these technologies and enable their use by the App (e.g., internet access). The use of older or less common technologies may prevent or limit the use of the App.

2.4 The Provider reserves the right to change, supplement, or remove the information and services provided in the App at any time and without notice, or to discontinue them. Users who are already registered will be notified of changes to the Terms of Use within the App.

2.5 Users can delete their profile and all associated data stored with the Provider by ending their use of the App and requesting account deletion in the account settings or by emailing info@greenmatesberlin.com with the email used during registration. Additionally, the privacy notice on our website https://www.greenmatesberlin.com/ applies.

2.6 The App offers various functionalities to simplify shopping and nutrition. The Provider works with partners (e.g., local supermarkets, food producers, or online retailers) but does not offer its own sales of goods, food, or other services. Instead, there is a separate contractual relationship between the partner and the users. The presentation of offers from partners does not constitute a binding offer. Each partner acts independently, and the Provider assumes no responsibility for the offers and assortment of the partners.

2.7 GreenMates GmbH does not provide medical advice or treatment, dietary advice, or other medical services through the App. Advice and treatment are the responsibility of trained professionals, such as doctors or dietitians. Users are responsible for their own health.

2.8 The Provider also assumes no responsibility for nutritional and sustainability information. These are average values of the used foods, and actual values may vary depending on type, variety, and preparation. The Provider also assumes no responsibility for data processed by the Open Food Facts API:  https://world.openfoodfacts.org/terms-of-use

2.9 The Provider reserves the right to delete inactive profiles and associated data after a period of one year.

3. Registration

3.1 To use the App, registration is required. For registration, providing an email address, name, and password is necessary. During registration, users will receive an email with a confirmation link sent to the provided email address. The registration for the App is completed after confirmation. Users must acknowledge the Terms of Use. By accepting the Terms of Use and completing the registration through the confirmation link, a free usage contract is established.

3.2 The data provided during registration must be complete and accurate. Any changes to the data must be reported immediately.

3.3 Users must keep the password provided during registration confidential and not disclose it to third parties. If third parties gain knowledge of the password due to the users' fault, the users are liable for any resulting damage.

3.4 Registration is possible from the age of 18. Registration of a profile using another user's data is explicitly prohibited and constitutes "spying on data" under Section 202a of the German Penal Code (StGB), which is punishable.

3.5 Competitors and their employees are expressly prohibited from using the App and its functionalities. GreenMates GmbH reserves the right to immediately delete such profiles and initiate legal action.

4. Duties and Responsibilities of Users

4.1 Users acquire the right to use the app and its features after subscribing. The content may only be used by registered users and for private purposes. Commercial reuse is prohibited and may only be permitted with the express written consent of GreenMates GmbH.

4.2 Editing, reproducing, or any other use of the content is only permitted for purposes determined by GreenMates GmbH. Any other use is prohibited and only allowed with prior consent from GreenMates GmbH.

4.3 All users are required to comply with applicable legal provisions and not infringe on third-party rights while using the App. Users are obligated not to create content that violates these Terms of Use, good morals, or applicable German law. Specifically, users are prohibited from:

• Publishing offensive or false content;

• Sending spam to other users through the system;

• Using legally protected content (e.g., copyright or trademark) without authorization;

• Posting content that is offensive, racist, discriminatory, or pornographic;

• Engaging in anti-competitive practices;

• Publishing third-party press articles without the author's consent;

• Publishing advertising for third parties or for purposes other than those mentioned above on the portal, without explicit written permission from the Provider.

4.4 A violation of these Terms of Use may lead to immediate suspension of the user account and further legal action.

4.5 As a user, you are obligated to review your recipes, posts, and topics before publication to ensure they do not contain information you do not wish to publish and/or are not permitted to publish. Your recipes, posts, and topics may be indexed by search engines and become globally accessible. There is no right to deletion or correction of such search engine entries against the Provider.

4.6 If third parties or other users make claims against the Provider due to potential legal violations arising from the content you have posted or from your use of the Provider's services, you agree to indemnify the Provider against all claims, including claims for damages, and to cover reasonable costs incurred by the Provider due to the potential legal violation. The Provider will be particularly indemnified from the costs of necessary legal defense. As a user, you are required to assist the Provider in good faith with information and documents for legal defense against third parties. All further rights and claims for damages of the Provider remain unaffected. If you, as a user, are not responsible for the potential legal violation, the aforementioned obligations do not apply.

5. Contract Conclusion and Duration

5.1 By downloading the App and completing registration, you agree to these Terms of Use. Upon completing registration, a contract for the use of the App (see Section 2) is concluded between the users and GreenMates GmbH.

5.2 The paid subscription contract is only concluded upon selecting a subscription and clicking the "Order with payment obligation" button. From this point on, the specific terms of the subscription apply.

5.3The subscription offered in our app is subject to a fee. Clicking the "Order with payment obligation" button establishes a binding contract for the respective feature at the stated prices. Prior to this, users must accept the current contractual terms (Terms of Use and Privacy Policy) by clicking the "Accept" button. Access to the subscription features is granted only for the duration of the subscription. Your subscription will be automatically renewed for three or twelve months unless you cancel it at least 24 hours before the end of the current term.

5.4 In the event that GreenMates is unable to continue its operations, we will provide a prorated refund for the unused portion of your paid subscription. By purchasing, you acknowledge and agree to this refund policy.

6. Prices and Payment Terms

6.1 The use of the app is subject to a fee and can be purchased within the app.

6.2 The listed prices include statutory VAT and other components. Shipping costs do not apply.

6.3 Payment is made via in-app purchase and is processed through our iOS or Android app store account.

7. Right of Withdrawal/Withdrawal Rights for Contracts Regarding the Use of Digital Content

7.1 You have a right of withdrawal according to the following provisions: If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), meaning that you make the purchase for purposes that are predominantly neither commercial nor related to your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of Withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. 

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods. 

To exercise your right of withdrawal, you must inform us 

GreenMates GmbH 

Luisenstraße 53 

10117 Berlin 

represented by the Managing Director: Pauline Emke und Hannah Freese

Email: info@greenmatesberlin.com 

Phone: +49 (0) 174 1972456 

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including the delivery costs (except for the additional costs resulting from choosing a type of delivery other than the least expensive standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notice of your withdrawal from this contract. We will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in any case, you will not incur any fees for this reimbursement.

Model Withdrawal Form: If you want to withdraw from the contract, please fill out this form and send it back. 

To Company: 

Address: 

Email: Fax: 

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods (): Ordered on ()/received on () 

Name of consumer(s): 

Address of consumer(s): 

Signature of consumer(s) (only if sent on paper) 

Date () 

Delete as appropriate.

End of Withdrawal Instructions

7.2 Expiration of the Right of Withdrawal: The right of withdrawal expires in accordance with Section 356 (5) of the BGB for contracts for the supply of digital content not stored on a physical medium if the entrepreneur has started to execute the contract after the consumer has expressly consented to the entrepreneur starting to execute the contract before the expiry of the withdrawal period and has confirmed their knowledge that they lose their right of withdrawal with the start of the execution of the contract.

8. Copyright and Usage Rights for Users

8.1 All works provided with the App (especially the content, recipes, graphics, and data from our partners) are protected by copyright.

8.2 By downloading the App and purchasing pro features, users receive a non-exclusive, non-transferable right to use the content, which is intended solely for non-commercial use. Users are not granted any exploitation rights. In particular, users are prohibited from distributing the available content in digital or printed form, in whole or in part (§ 17 UrhG), making it publicly accessible (§ 19a UrhG), or passing it on to third parties in any other form. The right to reproduction (§ 16 UrhG) is limited to reproduction acts that serve solely personal use.

8.3 Users are not permitted to remove copyright notices, trademarks, or other legal reservations from the content.

8.4 The Provider is entitled to individually personalize the provided digital content with visible and invisible markings to enable identification and legal prosecution of the original orderer in the event of misuse.

8.5 Users grant the Provider a simple, non-exclusive, spatially and temporally unlimited right to use the content they upload for the purpose of dissemination to other users. The Provider receives from users a free, spatially, temporally, and content-wise unlimited, non-exclusive right to use, including for commercial and paid exploitation, and for use in the Provider’s advertising for the App and other offerings related to the App, whether in full or in part. The usage rights are established as soon as users upload their recipes or other contributions to the App and include the right to distribute the content digitally or in printed form, in full or in part (§ 17 UrhG), to edit it (§ 23 UrhG), to make it publicly accessible (§ 19a UrhG), or to pass it on to third parties and reproduce it (§ 16 UrhG). The Provider also receives the right to make the content publicly accessible through broadcasting (§ 20 UrhG) or for reproduction through audio and visual media (§ 21 UrhG) and includes the image and/or voice of the users. The usage rights do not expire with the deletion of the user’s account but remain in effect.

8.6 Users are linked as authors under their recipes with their publicly accessible name and profile. The attribution remains even after the termination of the user’s account. Users have the right to request the Provider to remove the author attribution.

9. Warranty and Liability

9.1 GreenMates GmbH does not guarantee that the information provided in the app is complete, accurate, and always up-to-date. For services provided free of charge, liability for material and legal defects is excluded except in cases of intent or fraudulent misrepresentation. Otherwise, the statutory provisions apply.

9.2 The offers may contain hyperlinks to third-party websites. The provider assumes no responsibility for the content of these websites and does not endorse these websites or their content.

9.3 GreenMates GmbH is liable for damages caused by it or its legal representatives or vicarious agents in cases of intent or gross negligence without limitation. In cases of slight negligence, GreenMates GmbH is also liable without limitation in the event of injury to life, body, or health. Otherwise, GreenMates GmbH is only liable if it has breached a fundamental contractual obligation (cardinal obligation) to which the contracting party would have had a claim. In such cases, liability is limited to the compensation of foreseeable, typically occurring damages.

10. Data Protection 

In the context of the contractual relationship, personal data will be processed to ensure the fulfillment and execution of the contract. Detailed information on data processing can be found in the privacy policy.

11. Change of Terms of Use 

The services and the app are continuously developed. Therefore, GreenMates GmbH reserves the right to change and/or supplement these terms of use as long as it is reasonable for users. Users will be informed of changes or additions in text form (e.g., via email or push notification) before they take effect. Users can object to these changes or additions in text form within 6 weeks (in words: "six"). Without objection, the updated terms are considered accepted. Users will be explicitly informed of this circumstance. This right of objection does not apply to unreasonable changes or additions. The terms of use are available at any time in the app or on the website https://www.greenmatesberlin.com/.

12. Dispute Resolution 

The EU Commission has provided a platform for online dispute resolution. This allows consumers to resolve disputes related to their online orders initially without involving a court. The dispute resolution platform is accessible via the external link: external link to the dispute resolution platform. We strive to resolve any disagreements from our contract amicably. Furthermore, we are not obligated to participate in a dispute resolution procedure and cannot unfortunately offer participation in such a procedure.

13. Final Provisions 

Should one or more provisions of these terms and conditions be or become invalid, the validity of the remaining clauses shall not be affected. (As of November 2024)