General Terms and Conditions (GTC)
As of: December 2025
1. Scope
These General Terms and Conditions apply to all contracts concluded between Kalorime UG (haftungsbeschränkt) (hereinafter 'we' or 'Kalorime') and the users of our website and services. Deviating terms and conditions of users do not apply unless we expressly agree to their validity.
2. Subject of the Contract
Kalorime provides a platform for nutrition tracking and health documentation. Users can register free of charge. We also offer a paid premium membership that includes extended features.
2a. Data Protection
The processing of personal data is carried out in accordance with the separate privacy policy on our website. This policy is not part of these Terms and Conditions but is nevertheless binding for the use of our services. In particular, the processing of health data (Art. 9 GDPR) is carried out exclusively on the basis of the user’s explicit consent.
3. Conclusion of Contract
Registration takes place by creating a user account on our website. The Premium Membership contract is concluded as soon as the user clicks the 'Subscribe for a fee' button during the ordering process and successfully completes the payment process via PayPal.
3a. Contract Text
The contract text is not stored individually by us. However, after the conclusion of the contract, the user receives an order confirmation by email containing the essential contractual terms (services, price, term). The currently valid Terms and Conditions are available on our website at any time.
The contract language is German.
4. Premium Membership
The Premium Membership is offered as a subscription model (e.g., monthly or annually).
Free Trial Period
New customers have the opportunity to test the Premium Membership once for a period of three (3) days free of charge (“Trial Period”). During the Trial Period, all premium features are fully available to the user.
The Trial Period begins upon activation by the user after registration. After the Trial Period has expired, the Premium Membership ends automatically without the need for cancellation. There is no automatic renewal or conversion into a paid subscription.
After the Trial Period ends, the user may subscribe to a paid plan at any time. The user will be clearly informed before the end of the Trial Period about the option to continue with a paid subscription.
There is no entitlement to repeated or multiple participation in the Trial Period. We reserve the right to deny access to the Trial Period in individual cases if there are indications of misuse (e.g., multiple registrations).
Term, Renewal and Termination
The paid subscription begins only upon the conclusion of a corresponding agreement by the user.
The subscription automatically renews for the selected term, unless canceled in good time before the end of the term.
Cancellation is possible at any time, effective at the end of the current billing period. A (pro rata) refund of fees already paid will not be issued.
This does not apply if Kalorime is responsible for the termination or if statutory refund claims exist.
Upon termination of the Premium Membership, access to all Premium features automatically ends. There is no entitlement to a pro rata refund of fees already paid, even if the user cancels early.
5. Prices and Payment Terms
The current prices are listed on our website. Payment is made exclusively via PayPal. Upon conclusion of the subscription, the user grants a recurring payment mandate (Billing Agreement) to PayPal, through which the contributions are automatically collected.
The debit is made at the beginning of the agreed term (e.g., beginning of the month, beginning of the year). The user ensures that the payment method used has sufficient funds.
5a. Price Changes
Kalorime is entitled to adjust prices for future billing periods if the cost factors relevant to pricing change significantly. This includes in particular costs for hosting, payment processing, personnel, license fees, technical infrastructure, as well as statutory or regulatory requirements.
Price adjustments shall be made to a reasonable extent and may not exceed the actual cost changes. Cost reductions shall be taken into account accordingly.
The user will be informed of any price changes in text form at least six (6) weeks before they take effect.
In the event of a price increase, the user has a special right of termination effective as of the date the price change takes effect.
6. Right of Withdrawal
Cancellation Policy
The user has the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right of withdrawal, the user must inform Kalorime (Kalorime UG (haftungsbeschränkt), Kreuzweg 26, 31868 Ottenstein, E-mail: contact@kalorime.com) of the decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or e-mail).
To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation
If this contract is canceled, we will refund all payments we have received from the user, immediately and at the latest within fourteen days from the day on which we received notification of cancellation.
For this refund, we will use the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user. Under no circumstances will the user be charged any fees for this refund.
Exclusion or premature expiration of the right of cancellation
The right of withdrawal expires in the case of contracts for the supply of digital content that is not delivered on a tangible medium if we have begun performance of the contract after the user has expressly agreed that we may begin performance before the expiry of the withdrawal period and has confirmed that, by commencing performance, they lose their right of withdrawal, and we have provided the user with confirmation of this declaration in text form.
The premature expiration of the right of withdrawal requires that the user
- has expressly agreed that Kalorime may begin performance of the digital service before the expiry of the withdrawal period,
- has confirmed that, by giving this consent, they lose their right of withdrawal upon commencement of performance, and
- Kalorime has provided the user with confirmation of this consent and the loss of the right of withdrawal in text form (e.g. by email).
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
— To: Kalorime UG (haftungsbeschränkt)
Kreuzweg 26
31868 Ottenstein
Germany
E-mail: contact@kalorime.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / provision of the following service (*):
— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is submitted on paper):
— Date:
(*) Delete as applicable.
7. Kalorime Services
The exact contents of the free and paid features can be found in the service description on our website. We are entitled to adapt or change features as long as this is reasonable for the user and does not jeopardize the purpose of the contract.
AI-based features (e.g. photo analysis, automatic nutritional value calculation, or forecasts) are offered as additional, voluntary services (“bonus features”). These bonus features are not part of the contractually owed main services of the premium membership, unless they are expressly designated as such.
Kalorime is entitled to modify, restrict, or discontinue bonus features at any time, in particular if technical, economic, or legal conditions change.
Changes to or the discontinuation of bonus features do not give rise to any claims for defects, provided that the contractually owed main services continue to be rendered. Statutory rights of users remain unaffected.
We are not obliged to ensure uninterrupted availability of the platform. Maintenance work, technical malfunctions, or outages due to force majeure may occur, which may lead to temporary restrictions. Reasonable temporary limitations or interruptions of availability do not give rise to claims for damages or reduction of fees. Otherwise, the provisions on liability in Section 11 apply; statutory warranty rights remain unaffected.
7a. Digital Content, Conformity and Updates
The services provided by Kalorime constitute digital content and/or digital services within the meaning of §§ 327 et seq. of the German Civil Code (BGB).
Kalorime is obliged to provide the digital services in the condition agreed at the time of conclusion of the contract and to maintain this condition throughout the term of the contract.
During the term of the contract, Kalorime provides the user with the updates required to maintain conformity with the contract, including security updates.
The user will be informed of available updates in an appropriate manner.
Statutory rights of the user in the event of defects in digital content and digital services, in particular the right to subsequent performance, reduction, termination, or damages pursuant to §§ 327i et seq. of the German Civil Code (BGB), remain unaffected.
8. Health and Nutrition Information
Kalorime does not replace medical advice. All information, calculations, and recommendations provided are for general guidance only. Users remain responsible for their own health. Medical advice should always be sought in the case of existing illnesses or health problems.
All calculations and recommendations are based on data entered by the user. We assume no liability for incorrect results that are based on inaccurate or incomplete information provided by the user. In all other respects, the liability provisions set out in section 11 apply.
The content presented on Kalorime can only serve as a guide for a healthy lifestyle. Articles and content on nutrition and exercise do not replace the advice of a medical professional. Before making any significant changes to your lifestyle (diet or activity), you should definitely consult a doctor. It is not recommended to rely exclusively on individual sources of information; even with careful management, content may contain errors.
User-generated content on Kalorime is not editorially reviewed. Such content may be inaccurate and, in individual cases, may have harmful consequences. If you experience any symptoms, you should seek medical help immediately.
Entries in the nutrient calculator are visible only to the respective user and are stored pseudonymously, so they cannot easily be linked to a specific person.
The above notes do not affect our statutory liability pursuant to Section 11, in particular in cases of injury to life, body, or health.
9. User Obligations
Users agree not to disseminate any illegal content via the platform, to keep their access data confidential, and to use the services only for private, non-commercial purposes (unless expressly permitted).
The user is liable for unlawful content that they culpably distribute via the platform, in particular in the event of infringement of trademark, copyright, personality, name, or other proprietary rights of third parties.
The user shall indemnify Kalorime against all third-party claims asserted as a result of such culpably caused legal infringements by the user. The indemnification also includes the necessary costs of legal defense, insofar as Kalorime is not responsible for the legal infringement itself.
We are entitled to temporarily block or permanently delete user accounts if there is suspicion of misuse, in particular in the case of multiple accounts, automated use (e.g., by bots or scraping), or manipulation of the platform functions. In this case, the user has no right to restore the blocked or deleted account.
9a. Minimum Age and Use by Minors
Use of the platform is permitted only to persons who have reached the age of 16.
Minors under the age of 18 may only use paid services with the consent of their legal guardians.
Kalorime reserves the right to take appropriate measures to verify the user’s age in the event of justified doubts.
10. Sanctions for Violations
We are entitled to take appropriate measures at our reasonable discretion in the event of violations of these Terms and Conditions or other misuse. This may include the deletion or blocking of individual content, the restriction of functions, the temporary blocking of access, or the complete termination and deletion of the account. The right to extraordinary termination remains unaffected.
Users can report illegal or abusive content at any time using the contact options provided in the imprint. We review reported content promptly and decide at our own discretion whether deletion, blocking, or other measures are necessary. We are entitled to reject notifications without giving reasons if these are obviously unfounded. Affected users will be informed of any deletion or blocking, as far as this is reasonable.
11. Limitation of Liability
We are fully liable for damages arising from injury to life, body, or health that are based on an intentional or negligent breach of duty by us, our legal representatives, or agents.
For other damages, we are fully liable in cases of intent or gross negligence by our legal representatives or agents.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the fulfillment of which is necessary for the proper performance of the contract and on whose observance the user may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract.
In the event of a slightly negligent breach of non-essential contractual obligations, our liability is excluded.
The above limitations of liability do not apply insofar as we have fraudulently concealed a defect, assumed a guarantee for the quality of the service, or for claims under the Product Liability Act.
Statutory warranty rights of consumers remain unaffected by the above provisions.
12. Term and Termination
The free account is valid for an indefinite period and can be deleted at any time. The premium membership is valid for the agreed term and can be terminated in accordance with Section 4.
13. Amendments to the Terms and Conditions
We reserve the right to amend these Terms and Conditions insofar as this is necessary for objective reasons and does not disadvantage the user contrary to good faith. Objective reasons may include, in particular:
- changes in statutory or legal requirements,
- adaptations to new technical developments,
- closing regulatory gaps,
- changes to our services, provided they do not affect essential contractual elements.
We will inform users in due time and in text form (e.g., by email or in-app notification) about intended amendments to the Terms and Conditions before they take effect.
If the amendments affect essential contractual elements and are unreasonable for the user, the user has the right to terminate the contract extraordinarily. We will expressly point this out in the amendment notice.
14. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. Assignment of Contract
We are entitled to transfer the contractual relationship, in whole or in part, to a third party, provided there is a legitimate interest in doing so and the user is not unduly disadvantaged thereby. Users will be informed of this at least one month prior to the planned transfer.
The user may object to the transfer within one month after receipt of the notification. In the event of a timely objection, the contractual relationship will not be transferred to the third party and will continue with us unchanged.
In addition, the user has the right to terminate the contract for cause within one month after receipt of the notification.
Any statutory rights of termination remain unaffected.
16. Final Provisions
German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In the case of consumers, this choice of law shall apply only insofar as it does not deprive the user of mandatory consumer protection provisions of the country in which the user has their habitual residence.
Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
