General Terms of Use (GTU)

for the “KernBite” app and the associated server infrastructure

Last updated: 1 September 2026 · Version 1.3

Translation notice: the German version of these Terms of Use is authoritative. This English version is a translation provided solely for ease of understanding; it is not the contractual text. The binding German version is available at /agb.

§ 1 Scope, operator, conclusion of contract

(1) These Terms of Use govern the use of the “KernBite” application (hereinafter the “App”) and of the associated server, backend and synchronization infrastructure (together the “Service”) in the relationship between the operator and the users (hereinafter “Users”).

(2) The operator of the Service is:
Jose Daniel Encarnacao
Schwetzinger Str. 16
68775 Ketsch
E-mail: kontakt@kernbite.de

(3) The operator is a private individual and operates the Service alongside his professional occupation. The version of these Terms of Use applicable at any given time states whether and to what extent a fee is charged for the Service (§ 2).

(4) The user relationship comes into existence upon registration of a user account, and at the latest upon first use of the Service. By registering, the User accepts these Terms of Use as binding.

(5) Deviating, conflicting or supplementary terms of the User do not become part of the contract unless the operator expressly agrees to their application in text form.

§ 2 Preamble: purpose, remuneration and freedom from advertising

(1) In its current version, the App and the associated server infrastructure are made available free of charge and free of advertising.

(2) The purpose of the project is to provide a protected, advertising-free and privacy-friendly environment for fitness challenges and for curated recipes with computational portion and nutritional conversion.

(3) For as long as the Service is provided free of charge, no fee is charged for its use. Nor does the User “pay” with their data: personal data are processed exclusively in order to provide the Service and to fulfil legal obligations (cf. § 7, § 8 and § 14). The provisions on consumer contracts for digital products (§§ 327 et seq. BGB, German Civil Code) therefore do not apply, pursuant to § 327(3) BGB.

(4) For as long as the Service is provided free of charge, the user relationship is similar in character to a gift or to a loan for use. The operator is therefore liable only to a limited extent in accordance with §§ 521, 599 BGB (German Civil Code) (see § 17).

(5) There is no legal entitlement to the provision, use, maintenance or restoration of the Service or of individual functions.

(6) Future paid offerings. The operator reserves the right to offer future versions of the Service, individual functions or separate offerings for a fee. An obligation to pay arises exclusively where the User has expressly and separately agreed to it beforehand. A version that has already been used free of charge does not subsequently become subject to a charge. Any such changeover will be announced at least six weeks in advance in text form or in the App; until then, use to the previous extent remains possible free of charge. From the point in time at which the operator provides a paid offering, the consumer protection provisions, including the right of withdrawal and warranty rights, apply to that offering; the information required for this is provided separately before the contract is concluded.

(7) Offerings for institutions. The operator reserves the right to make separate offerings, including paid ones, to institutions such as fitness and sports studios, clubs, businesses and comparable organizations, for example courses, supervised challenges or evaluations for their members. Such offerings are governed by their own terms. Use by end users under these Terms of Use remains unaffected by this.

(8) Freedom from advertising. Irrespective of any fee, the Service remains free of third-party advertising. Details are governed by § 8.

(9) Feedback. Users may voluntarily send the operator feedback, suggestions and error reports. The operator may use these to improve and further develop the Service, including in future paid offerings, without any claims of the User arising from this. There is no obligation to provide feedback, and no disadvantages arise from refraining from doing so.

§ 3 Description of services, range of functions and availability

(1) The Service comprises in particular: the creation and management of a user account, participation in fitness challenges (individually and in groups), the retrieval of curated recipes provided by the operator, including a purely computational conversion of portions and nutritional values on the basis of the values stated by the User, and, purely optionally, the transfer of measured values from external devices and services as an input aid (§ 14).

(2) No user-generated content. The Service is deliberately designed as a minimal social interaction space. In particular, there is no comment function, no chat or direct messages, no rating or reaction functions, no public feeds and no free text fields for communication between Users. Recipes can neither be uploaded nor changed, supplemented, commented on, rated or deleted by Users.

(3) The following originate from Users only: user names and group names, challenge designations, the profile, requirement and challenge values entered by the Users themselves, and, where applicable, measured values voluntarily imported under § 14. Of these, only the user name, group membership and the values shared within a joint challenge are visible to other Users.

(4) The operator is entitled at any time to change, supplement, restrict or remove without replacement any functions and content, including individual recipes, calculation bases, data sets and interfaces. There is no entitlement to a particular range of functions, to particular recipes or to their continued existence.

(5) No particular availability is owed or assured. The Service may in particular be temporarily or permanently unavailable as a result of maintenance work, updates, technical faults, attacks by third parties, failures of upstream suppliers or force majeure.

(6) The Service is not a backup, archiving or documentation system. Users should back up information that is important to them on their own; this applies in particular to data stored locally on the device (§ 14(3)).

§ 4 User account, user and group names, minimum age

(1) Use requires a user account. There is no entitlement to registration; the operator may refuse registrations without stating reasons.

(2) Use is permitted to persons who have completed their 16th year of life. Users between 16 and 18 years of age may use the Service only with the consent of a parent or legal guardian. Persons under 16 years of age are prohibited from using it.

(3) Pseudonymity requirement. A pseudonym must be chosen as the user name. The use of the civil first name and/or surname (real name) is expressly undesired; this serves to protect Users and to uphold the principle of data minimization. The use of real names, addresses, contact details or other identifying information about third parties in user or group names is prohibited.

(4) There is no entitlement to a particular user or group name. The operator is entitled to change, block or reset names if they contain a real name, if they are unlawful, misleading, insulting, discriminatory or promotional, or if they suggest a connection to the operator.

(5) Groups. Paragraphs 3 and 4 apply accordingly to group names and challenge designations. The person who created the group or the challenge is responsible for the choice of name. The operator may change names and block or delete groups and challenges. There is no entitlement to the continued existence of a group or to the release of group data.

(6) Access credentials must be kept secret and protected against access by third parties. Passing the account on to third parties, the shared use of one account and the creation of several accounts by the same person are not permitted. Any suspicion of misuse must be reported to the operator without delay.

(7) The User is liable for activities carried out via their account insofar as they are responsible for the misuse.

§ 5 Prohibition of commercial use

(1) This section is addressed to Users. Any commercial exploitation of the Service is prohibited to them, in particular the sale of access, resale for a fee, subscriptions to the Service and any direct or indirect monetization of the App or of its content. The operator's rights under § 2(6) and (7) remain unaffected.

(2) The following are prohibited in particular:

the sale, rental, lease, sublicensing or transfer for payment of access, accounts or content;
the use of the recipes, nutritional data or calculation results provided in one's own paid offerings (e.g. nutrition plans, coaching packages, cookbooks, paid apps or channels);
the placing or embedding of advertising, sponsorship notices, affiliate or referral links, discount codes and product placements in user or group names and in challenge designations;
the use of the Service to acquire customers, leads or followers;
the commercial evaluation, transfer or sale of user data or usage behaviour;
calls for donations or crowdfunding campaigns for the benefit of third parties.

(3) Use by trainers, instructors and studios within the scope of their coaching, as governed by § 6, remains unaffected.

§ 6 Special rules for trainers, instructors and studios

(1) Trainers, instructors, sports schools, gyms, clubs and other commercial or institutional actors (hereinafter “Coaches”) may use the App within the scope of coaching their trainees/members, provided that the following conditions are complied with cumulatively and without exception.

(2) Absolute freedom from charges for end users. No payment, additional fee, surcharge, package price component or hidden expense allowance whatsoever may be demanded from the trainee/member for the provision, use, setup, integration or support of the App. Including it in existing membership or coaching fees is not permitted.

(3) Information before conclusion of a contract. Coaches are obliged to inform their customers, before the conclusion of their own service, coaching or membership contract, that the App is an independent, free third-party offering which does not originate from the Coach and whose continued existence is not guaranteed. This information should be provided in text form and documented.

(4) Voluntariness for trainees. Use of the App must be voluntary for the trainee. No disadvantages, additional costs or restrictions of services may arise from not using it. The Coach must offer an equivalent alternative.

(5) Prohibition of partnership association. At no time may the impression be created that a business cooperation, partnership, official licensing, certification, recommendation or any other close relationship exists between the operator of the App and the Coach. The following are prohibited in particular:

marketing the App as “in-house”, “own”, “exclusive” or “included in our membership” software;
the use of the name, logo, word and figurative marks, screenshots or design elements of the App in advertising materials, on websites, in social networks, in price lists or in sales conversations without the operator's prior express consent in text form;
any form of white labelling, renaming, re-branding or embedding into one's own brand or product worlds;
statements such as “partner app”, “official app of our studio”, “certified by” or formulations comparable in substance.

(6) Group names of Coaches. Coaches may create their own groups for their trainees and use their own name in doing so. However, the group name must not suggest any connection, authorization or cooperation with the operator (e.g. through additions such as “official”, “partner”, “certified” or by using the project name as part of the name).

(7) No further use as the Coach's own service. The recipes, nutritional information and calculation results provided may not be passed off as the Coach's own advisory, planning or nutritional service, may not be incorporated into the Coach's own documents and may not become part of paid nutrition or coaching offerings.

(8) No disclosure of data by trainees. The Coach may neither oblige nor pressure trainees to disclose, forward or present as a screenshot any measured values or health, training or nutrition data from the App or from connected devices and services (§ 14).

(9) The Coach's own responsibility. The Coach remains solely responsible for their training, coaching and advisory services. The operator provides no training, health or nutrition services and assumes no responsibility whatsoever for them. The Coach indemnifies the operator against claims asserted against the operator by third parties on the basis of the use of the App within the scope of the coaching.

(10) Responsibility under data protection law. If the Coach processes personal data of their customers in connection with the App, the Coach is an independent controller for this purpose within the meaning of the GDPR. There is no processor relationship with the operator, and none is offered.

(11) Legal consequence of a breach. In the event of breaches of this section, the Coach's right of use expires with immediate effect. The operator may block all associated accounts and groups and expressly reserves the right to assert further claims, in particular under copyright, trade mark and competition law.

§ 7 Freedom from advertising, tracking and data exploitation

(1) No advertising. The App is free of commercial advertising, banner ads, interstitials, sponsorship, product placements and affiliate links. Recipes contain no paid product or brand recommendations.

(2) No tracking. No trackers, analytics tools, advertising pixels, fingerprinting methods or data tracking SDKs are used. No profiling for advertising or marketing purposes takes place.

(3) No sale. There is no sale, transfer, rental or commercial evaluation whatsoever of user data, entries, imported measured values or usage behaviour to third parties.

(4) Technically imperative processing (e.g. short-term server logs to fend off attacks and to ensure operation) remains permitted. Details are governed by the privacy policy.

§ 8 Data protection

(1) Details of the processing of personal data can be found in the privacy policy, available at https://kernbite.de/datenschutz and in the App.

(2) For the portion and nutritional conversion, the User enters their own information (e.g. body measurements, activity level, target values) or transfers it voluntarily via a connection under § 14. This information is processed exclusively in order to provide this function. The User decides for themselves which information to provide; incomplete information may limit the function.

(3) The User is obliged not to enter, import or use in names any personal data of third parties (e.g. names, contact details, measured values or health information of other persons).

(4) The User is aware that the user name, group membership and values shared in joint challenges are visible to the other Users authorized in each case, and can be stored or copied by them. The operator cannot technically prevent further dissemination by third parties. Measured values imported under § 14 are not shared with other Users.

§ 9 Code of conduct: prohibition of bullying and body shaming (zero tolerance)

(1) The Service contains no comment, chat or feed functions (§ 3(2)). The principle of respectful interaction applies to the information that is nevertheless visible to other Users, in particular user names, group names and challenge designations.

(2) Any form of bullying, harassment, hate speech, discrimination and body shaming is strictly prohibited. Body shaming includes in particular derogatory, insulting, mocking, demeaning or discriminatory statements about the figure, appearance, weight, body measurements, dietary patterns, physical performance, disabilities or age of other persons.

(3) It is furthermore prohibited to use user or group names or challenge designations which

target a specific other person and disparage, mock or expose them;
glorify, promote, romanticize or provide instructions for eating disorders or self-harming behaviour (including so-called “pro-ana” or “pro-mia” content);
aim at extreme weight loss, excessive training or other behaviour that endangers health.

(4) The operator exercises unrestricted virtual domiciliary rights (Hausrecht) on all digital levels of the App. In the event of breaches of paragraphs 2 and 3, the operator reserves the right to change the names concerned, to delete the groups or challenges concerned immediately and permanently, and to block the User account in question permanently, without warning and without notice. There is no entitlement to restoration of the account, to the release of deleted data or to compensation.

(5) The operator is under no obligation to search for, detect or penalize breaches; this is a right, not a duty (see § 16).

(6) The Service is not a counselling or support facility. Users who are themselves affected or who are worried about others are asked to turn to suitable specialist and counselling services.

§ 10 Impermissible information and acts of use

(1) User and group names, challenge designations and other entries are prohibited which

violate applicable law or constitute criminal offences;
glorify violence or are extremist, incite hatred or are hostile to the constitution;
contain sexualized or pornographic references; any sexualized reference to minors is prohibited without exception and will be reported to the authorities;
advertise doping, anabolic steroids, prescription medicines or substances that are not marketable, or name sources for obtaining them;
infringe the rights of third parties (trade mark, name, personality or data protection rights), including naming other people's personal data without consent (“doxing”);
feign a false identity or suggest a connection to the operator.

(2) The following acts of use are furthermore prohibited:

the use of bots, crawlers, scrapers or other automation, as well as the systematic extraction of recipe or nutritional data;
circumventing, disabling or testing security and access measures; security research is permitted only after prior coordination at security@kernbite.de and within the framework of responsible disclosure;
acts that place an excessive load on the server infrastructure or impair its availability (including DoS/DDoS, excessive automated requests);
the manipulation of challenge results or statistics, for example through false entries or multiple accounts;
the import of other persons' measured values (§ 14(5));
the creation of a new account in order to circumvent an existing block.

§ 11 Rights to the operator's content; information provided by Users

(1) The operator's content. All recipes, recipe texts, images, nutritional and calculation data sets and the design of the Service are provided by the operator and are, insofar as they are legally capable of protection, protected by copyright and by ancillary copyright.

(2) Users' right of use. The User receives a simple, non-transferable right, revocable at any time, to use this content within the framework of the Service for purely private, non-commercial purposes. Printing out or saving individual recipes for one's own household remains permitted.

(3) In particular, systematic reproduction, extraction (scraping), making available to the public, transfer to third parties, publication in one's own offerings and the building of one's own recipe or nutritional databases from the content of the Service are prohibited.

(4) Origin of the recipes and notices from rights holders. The recipes are selected by the operator, compiled from various sources and edited. Recipes as such, in particular lists of ingredients and preparation steps, are according to the prevailing view not protected by copyright for lack of originality; individual texts and photographs may be. Should a rights holder be of the opinion that a piece of content infringes their rights, they are asked to send a notice stating where it can be found to rechte@kernbite.de. The operator examines such notices promptly and, in case of doubt, removes the content concerned.

(5) Information provided by Users. Users enter exclusively their own profile and requirement information, user and group names, challenge designations and challenge values, or transfer measured values under § 14. The upload of other content is not provided for. The User grants the operator a simple, free-of-charge right, limited to the operation of the Service, to store the information processed on the server and to display it to the other authorized Users (e.g. group members).

(6) The User warrants that their information does not infringe the rights of third parties, and indemnifies the operator against third-party claims based on an infringement of rights for which the User is responsible through their information or imported data, including the costs of an appropriate legal defence.

(7) There is no obligation to store user information permanently. Statutory rights of access and data portability under Art. 15 and 20 GDPR remain unaffected.

(1) The App is not a medical device. It serves exclusively for motivation, organization and the computational preparation of recipes.

(2) All content, displays of measured values and calculations of the Service do not constitute medical, sports-medical, physiotherapeutic, psychological, dietetic or nutrition-therapy advice, are not intended to be such, and replace neither a medical examination nor a diagnosis, treatment, nutritional counselling or qualified instruction.

(3) Before taking up or intensifying sporting activity, and before changing one's diet, medical clarification is strongly recommended. This applies in particular in the case of pre-existing conditions, cardiovascular complaints, injuries, pregnancy and breastfeeding, and when taking medication.

(4) The Service displays nutritional and portion targets. For persons who suffer or have suffered from an eating disorder, as well as for persons with special medical nutritional requirements (e.g. diabetes, kidney or metabolic disorders), for pregnant and breastfeeding women and for minors, use is appropriate only after prior consultation with a doctor.

(5) Training, nutrition and participation in challenges take place exclusively at the User's own risk and on the User's own responsibility. In the event of pain, dizziness, malaise or other complaints, the activity must be stopped immediately and medical advice must be sought.

(6) The Service contains no emergency function and is not monitored. In emergencies, the emergency services must be alerted on 112.

§ 13 Recipes, nutritional values and portion calculation

(1) Origin and scope. All recipes originate from the operator. They are selected, curated, compiled from various sources and edited by him. There is no entitlement to particular recipes, to a particular number, to updates or to the consideration of requests. Users can neither upload nor change, supplement, comment on, rate or delete recipes.

(2) No nutritional counselling. The provision of the recipes and the conversion of portions and nutritional values do not constitute nutritional counselling, nutrition therapy, diet planning or other health-related advice, and are not intended to be such. No individual assessment of requirements, medical history, suitability check or progress monitoring takes place. § 12 applies without restriction.

(3) How it works. The App scales the stored recipes on a purely computational basis using the values entered by the User or transferred under § 14, and assigns the portions thus determined computationally to daily and weekly values. The basis consists of flat-rate formulas and average values from nutritional tables and manufacturers' information. This is a mathematical conversion, not a professional assessment.

(4) No warranty for nutritional values. The nutritional values of foods are by their nature not fixed quantities. They vary depending on, among other things, variety, origin, cultivation, degree of ripeness, storage, processing, method of preparation, cut and manufacturer, and regularly deviate from table and manufacturer data. All nutritional, calorie, quantity and portion information is therefore a non-binding approximation without warranty of accuracy, completeness or currency, and is unsuitable for dietetic or medical purposes.

(5) No guarantee of achieving goals. The operator gives no warranty that computed daily or weekly values will be reached, that they are accurate, sufficient, appropriate to requirements or suitable in terms of health for the individual User, or that a particular result (e.g. a change in weight or performance) will occur. The results depend decisively on the accuracy and completeness of the underlying values.

(6) Calculation and data errors. No liability is accepted, subject to § 17, for calculation, rounding, conversion, database, transmission and software errors, or for inaccurate source, input or import data. Users are required not to act on obviously implausible results and, in case of doubt, to seek professional advice.

(7) Allergens and intolerances. Recipes and ingredient information are not checked for allergens, additives, traces or intolerances; the corresponding information is incomplete and without warranty. Users with allergies, intolerances or special nutritional requirements must check the ingredients themselves on the basis of the labelling of the products actually used. Information in the App does not replace this check.

(8) Preparation and consumption. Whether, when, in what quantity and in what manner a recipe is prepared and consumed is decided solely by the User. The Service does not record, check or evaluate this. Preparation and consumption take place at one's own risk; the rules of food hygiene, the cold chain and thorough heating must be observed on one's own responsibility.

§ 14 Voluntary connection of external devices and services (InBody, Garmin, Health Connect)

(1) Purpose and voluntariness. The App offers the possibility of transferring measured values from external sources, in particular InBody evaluations (import of image and CSV files including automated text recognition/OCR) and data from Garmin Connect or Health Connect. The connection serves exclusively as an input aid for the entry fields and to adjust the portion calculation. Its use is entirely voluntary. All values can also be entered, corrected or omitted manually at any time; without a connection, the Service is otherwise available unchanged.

(2) Local processing. Imported and transferred data, including image files, CSV files and intermediate OCR results, remain, as far as technically possible, exclusively on the User's device and are not stored on the operator's server. They are not shared with other Users and are not transmitted to third parties. Details and any technically necessary exceptions are governed by the privacy policy.

(3) Device and data backup. The User alone is responsible for the device, for securing it (e.g. screen lock, encryption, current system updates) and for backup copies. In the event of loss, defect, resetting or replacement of the device, on uninstalling the App or when deleting the App data, locally stored values may be irretrievably lost. There is no entitlement to restoration, since the operator does not hold this data.

(4) Third-party offerings. InBody, Garmin and Health Connect, together with the associated devices, apps and interfaces, are third-party offerings and are not part of the Service. The respective provider alone is responsible for their availability, functioning, measurement accuracy, terms of use and data processing; in this respect, that provider's terms and privacy notices apply. There is no business connection, partnership, cooperation or certification between the operator and these providers; the brands named serve solely to describe compatibility and are the property of their respective holders. If these providers change, restrict or discontinue their interfaces, the function may cease at any time and without prior notice; there is no entitlement to its continued existence.

(5) Permissions and one's own data. The connection takes place only after express activation by the User and the granting of the necessary system permissions. Permissions and links can be revoked at any time in the App or in the operating system. The User may import only their own measured values; the import of other persons' data is prohibited.

(6) Health-related data. Information on body composition as well as activity and vital data may constitute special categories of personal data within the meaning of Art. 9 GDPR. The User decides on their own responsibility whether and which of these data they transfer. Insofar as consent is required, it is obtained separately and can be withdrawn at any time with effect for the future.

(7) No warranty for import and text recognition. Import and automated text recognition are error-prone. Image quality, exposure, image framing, typeface, differing or changed device, export and file formats, separators, units and rounding can lead to incorrect, incomplete or incorrectly assigned values. The operator gives no warranty for the accuracy, completeness and correct assignment of imported or recognized values. The User is required to check and correct transferred values before using them. § 13(5) and (6) and § 17 apply accordingly.

(8) No medical evaluation. The import, storage and display of measured values do not constitute a diagnosis, finding, medical assessment, therapy or health monitoring. The values are used for calculation only and are not interpreted professionally. § 12 applies without restriction.

§ 15 Challenges and group challenges

(1) Challenges are playful, free-of-charge motivation formats. They are not prize competitions: no prizes, winnings, benefits in kind or other pecuniary advantages are offered, and no entry fee is charged.

(2) There is no entitlement to participation, scoring, placement, evaluation or the continued existence of a challenge or group. Results, scores and rankings are provided without warranty. The operator may change, suspend, reset or delete challenges at any time.

(3) Participation takes place at one's own risk. Each User chooses the type, extent and intensity on their own responsibility and adapts these to their state of health. The competitive character does not justify behaviour that endangers health; § 12 applies without restriction.

(4) Challenges and groups whose designation or objective breaches § 9(3) will be removed without prior notice once they come to the operator's attention.

(5) The manipulation of results leads to exclusion from the challenge and may lead to the blocking of the account.

§ 16 No moderation and no monitoring; reports; domiciliary rights

(1) No moderation. The Service is operated by a single individual without an editorial or moderation team. Active moderation does not take place: the operator neither checks user information in advance nor without specific cause, does not monitor user activities and does not search names or entries for legal infringements. There is no general obligation to monitor or investigate under §§ 7 et seq. DDG (German Digital Services Act), nor is any such obligation assumed voluntarily.

(2) Scope of administration. Administration by the operator is limited to user and group names and to technical and organizational measures for operating the Service (including account blocking and defence against misuse and attacks). Data processed locally on the devices (§ 14) are not accessible to the operator.

(3) Own content. The recipes and calculations provided by the operator are the operator's own content; §§ 11, 13, 14 and 17 apply to them.

(4) Reports. Breaches of applicable law or of these Terms of Use can be reported by e-mail to melden@kernbite.de. The report should contain the location (e.g. user or group name), a brief description of the breach and, where available, a screenshot.

(5) Purely reactive action. If the operator becomes aware of a specific legal infringement or of a breach of these terms, he removes the information concerned or blocks access as soon as this is reasonable and possible for him within the scope of his voluntary means. No processing or response times are assured. There is no entitlement to the processing of a report, to a statement of reasons or to a particular measure.

(6) Measures. Depending on the severity, the operator may in particular take the following measures: changing or resetting a name, deleting or blocking a group or challenge, restricting individual functions, temporarily or permanently blocking the account. In the case of serious breaches, in particular of § 9 and § 10, permanent blocking takes place without warning.

(7) Objection. Affected Users may object to a measure within 14 days at melden@kernbite.de and set out their view. The operator examines the objection voluntarily; there is no entitlement to the measure being lifted.

(8) Where there are indications of criminal offences, the operator reserves the right to file a criminal complaint and to transmit the necessary information to the competent authorities.

§ 17 Exclusion and limitation of liability

(1) The provision of the App, of the recipes, of the calculations, of the import functions, of the server functions and of the challenges takes place “as is” and without any warranty of functionality, accuracy, completeness, currency, freedom from errors, security, constant availability or fitness for a particular purpose.

(2) The operator accepts no liability for outages, data losses, data corruption, transmission errors, interruptions of server operation, attacks by third parties or events of force majeure.

(3) The operator is liable, on whatever legal ground, exclusively for damage based on intentional or grossly negligent conduct. This corresponds to the statutory privileged liability in the case of provision free of charge (§§ 521, 599 BGB).

(4) Unaffected by paragraph 3 are liability for damage arising from injury to life, body or health based on a breach of duty by the operator, liability under the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act), and liability in the case of fraudulent concealment of a defect or the assumption of a guarantee.

(5) Calculations, nutritional values and imports. Subject to paragraph 3, the operator is in particular not liable for calculation, rounding, conversion and data errors, for deviations of the actual nutritional values from the values stated, for erroneous, incomplete or incorrectly assigned results of text recognition and data import (§ 14), for the failure to reach computed daily or weekly values, or for decisions the User makes on the basis of the values displayed.

(6) External devices and services. The operator is not liable for the availability, functioning, measurement accuracy and data processing of connected third-party offerings (§ 14), nor for the loss of data stored locally on the device.

(7) Insofar as the Service stores information entered by Users (in particular user and group names and challenge values), the operator is liable as a provider of third-party information in accordance with §§ 7 et seq. DDG. He is not obliged to monitor this information or to investigate circumstances that indicate unlawful activity. Liability can arise only from the point of knowledge of a specific legal infringement and only if it is not removed without delay.

(8) The respective provider alone is responsible for the content of external links. At the time of linking, no legal infringements were discernible.

(9) The implementation of recipes, training content and challenges takes place at the Users' own risk and on their own responsibility.

(10) The above limitations of liability also apply for the benefit of persons who support the operator on a voluntary basis (e.g. contributors, developers).

§ 18 Term, termination, blocking and discontinuation of the Service

(1) The user relationship is concluded for an indefinite period.

(2) The User may end it at any time and without observing a notice period by deleting their account in the settings or by sending a notification to kontakt@kernbite.de. The User removes locally stored data by deleting the App data or uninstalling the App.

(3) The operator may terminate the user relationship at any time by ordinary termination with 14 days' notice, and by extraordinary termination without notice for good cause. Good cause exists in particular in the case of breaches of §§ 5, 6, 9, 10 or 11.

(4) If a User, trainer or studio breaches these Terms of Use, the right to use the App and the server infrastructure expires with immediate effect. There is no entitlement to restoration of the account, to access to stored data or to compensation.

(5) The operator is entitled at any time to discontinue the Service in whole or in part without stating reasons. He will endeavour to announce a planned complete discontinuation at least 30 days in advance in the App or by e-mail. There is no obligation to do so.

(6) After the end of the user relationship, the data stored on the server are deleted or anonymized in accordance with the privacy policy. If the account of the person who created a group is deleted, the operator may delete the group or transfer its administration to another member. Challenge histories may continue to exist in anonymized form.

§ 19 Intellectual property rights

(1) The App, the underlying software and the editorial content, in particular recipes, recipe texts, images and curated nutritional and calculation data sets, are protected by copyright. All rights reserved.

(2) The User may use the Service via the officially provided App or the web application in accordance with these Terms of Use. No further rights are granted; in particular, the reproduction, modification, transfer or publication of the software or the content is not permitted without prior written consent.

(3) The software uses third-party components, for which those third parties' own licence terms take precedence. A complete list is available in the App.

(4) Rights to the project name, logo and identifiers are reserved.

(5) Mandatory statutory powers, in particular the rights under §§ 69d and 69e UrhG (German Copyright Act), remain unaffected.

§ 20 Amendments to these Terms of Use

(1) The operator may amend these Terms of Use insofar as this is necessary on account of a changed legal situation, supreme court case law, technical development, a change in the range of functions or the prevention of misuse, and the User is not thereby unreasonably disadvantaged.

(2) Amendments will be announced at least 30 days before they take effect, in the App or by e-mail. The User may object to the amendments within this period.

(3) If the User does not object in good time, or continues to use the Service after the amendments take effect, the amendments are deemed to have been accepted. This legal consequence will be pointed out separately in the announcement.

(4) In the event of an objection, either party may end the user relationship; the User may delete their account at any time.

§ 21 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User acts as a consumer, mandatory consumer protection provisions of the state of their habitual residence remain unaffected.

(2) The statutory provisions apply to places of jurisdiction.

(3) The operator is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG, German Consumer Dispute Resolution Act). The European Commission's online dispute resolution platform was discontinued on 20 July 2025.

(4) The User may not transfer rights and obligations arising from this user relationship to third parties without the operator's consent. The operator may transfer the user relationship to a legal successor (e.g. an association to be founded); he will announce this with 30 days' notice and grant the User a right of termination.

(5) Notifications within the scope of this user relationship may be made in text form (e-mail, in-app message).

(6) Should individual provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. The statutory rule takes the place of the invalid provision.

(7) The German version of these Terms of Use is authoritative. Translations serve exclusively for ease of understanding.

Last updated: 1 September 2026 · Version 1.3 · KernBite