§ 1 Scope
These Terms govern the use of the Toleah app (iOS, Android, app.toleah.com) between Patrick Huber, Fasanenweg 5, 83059 Kolbermoor, Germany („Provider") and users. Separate terms apply to practitioner customers in the Practitioner Dashboard.
§ 2 Contract Conclusion and Right of Withdrawal
The usage contract for basic functions is concluded with download / use of the app and acceptance of these Terms and the Privacy Policy. Paid premium features are concluded via the respective billing systems (Apple App Store, Google Play, Stripe).
Upon subscribing to a premium plan, consumers have a statutory right of withdrawal under § 355 BGB. Details: see Withdrawal Instructions.
§ 3 Service Description
The app offers:
- Scanner: Barcode-based tolerance assessment for 8 food intolerances (Histamine, Lactose, Fructose, Gluten, Sorbitol, FODMAP, Nickel, Salicylate); traffic-light scale 0–100 per intolerance
- Intolerance profile: Selection of relevant intolerances with severity
- Symptom diary: Daily documentation for identifying individual triggers
- Favorites + history, shopping list, practitioner sharing (consent-based)
Premium features (paid) are advertised separately and only available with active subscription.
§ 4 License
The provider grants you, for the term of this contract, a simple, non-exclusive, non-transferable right to use the app as intended. Reverse engineering (except § 69e UrhG), circumvention of technical protection measures, automated bulk queries, redistribution, sub-licensing, and commercial re-use without written consent are prohibited.
§ 5 Availability
We strive for high availability but do not owe uninterrupted service. Interruptions may occur due to maintenance, third-party outages (app stores, Supabase, Open Food Facts), or force majeure. The app is largely usable offline.
§ 6 User Obligations
You are obliged to:
- keep your credentials confidential
- not use the app unlawfully or anti-competitively
- not introduce malware
- inform the provider immediately if your account is compromised
You are solely responsible for the accuracy of your intolerance profile and diary data. Incorrect data leads to incorrect tolerance assessments.
§ 7 Medical Disclaimer
The app provides general information and individual orientation regarding self-declared food intolerances. It does not replace medical or naturopathic examination, diagnosis or therapy.
For health complaints or major dietary changes, consult a qualified medical professional.
The tolerance assessments are based on scientifically published trigger lists and your individual data. They are not a medical diagnosis and not a therapy recommendation.
If you have an inherited metabolic disorder (particularly Hereditary Fructose Intolerance — HFI, Celiac disease) or severe allergies, consult your treating physician before using the app.
In emergencies (anaphylaxis, severe acute symptoms), call 112 immediately.
§ 8 Pricing and Payment
Basic use: free.
Premium subscription: Prices are displayed in the app. Payment via Apple / Google / Stripe.
Term: Auto-renewal unless cancelled in time. Cancellation directly in the app or via app-store
account management.
Price changes are announced at least 30 days in advance. Objection acts as extraordinary
termination.
§ 9 Warranty and Liability
The provider is unlimitedly liable for intent and gross negligence, injury to life, body or health, liability under the German Product Liability Act, and assumed guarantees. For simple negligence involving cardinal obligations, liability is limited to typical foreseeable damages. No liability for indirect damages, consequential damages, or lost profits absent intent / gross negligence.
We do not warrant the accuracy of third-party data (particularly Open Food Facts). For serious health risks, please verify product information with the manufacturer or a healthcare professional.
§ 10 Data Protection
Processing of personal data is governed by our Privacy Policy, which is part of these Terms.
§ 11 Termination
You may terminate at any time by uninstalling the app or deleting your account. The provider may terminate with 30 days' notice to month-end. Extraordinary termination for good cause remains possible for both sides.
§ 12 Changes
Changes are announced at least 6 weeks before taking effect via email or in-app notice. They are deemed accepted if you do not object within 6 weeks (this is pointed out in the notice). Material changes require active consent.
§ 13 Dispute Resolution
EU Online Dispute Resolution: https://ec.europa.eu/consumers/odr/. The provider is not willing or obligated to participate in consumer arbitration (Section 36 (1) No. 1 VSBG).
§ 14 Final Provisions
Governing law: Laws of the Federal Republic of Germany, excluding UN CISG. Mandatory
consumer-protection provisions of the state of your habitual residence remain unaffected.
Jurisdiction: For merchants: Kolbermoor / Rosenheim; for consumers: statutory jurisdiction.
Severability: If any provision is invalid, the remainder remains effective.