Terms of Use

1. Scope

These terms of use apply to the use of the mobile application "kerntrack" (hereinafter "App"), provided by MindDev53 (hereinafter "we"). The full provider details can be found at the end of these terms of use under "14. Provider".

By using the App, you agree to these terms of use.

2. Service Description

kerntrack is an app for recording and analyzing calorie and macronutrient intake. The app offers:

• Recording meals and nutritional values
• Barcode scanner for food products
• Calculation of a daily calorie target
• Weight and progress tracking
• Water tracking

The basic version of the app is permanently free to use. Extended features can be unlocked through paid subscriptions (PRO, COACH).

3. Not a Medical Product

kerntrack is NOT a medical product and not a medical device within the meaning of Regulation (EU) 2017/745 (MDR).

The calculated calorie targets, nutritional information, and recommendations serve exclusively as general information and do not replace:

• Medical advice or diagnosis
• Nutritional medical advice
• Nutritional counseling by qualified professionals

For health issues, eating disorders, or special dietary requirements, please consult a doctor or qualified nutritionist.

Particular caution applies to the following groups; in these cases, use the app only after consulting your doctor:

• Pregnant and breastfeeding women
• People with eating disorders (current or past)
• People with diabetes or other metabolic conditions
• People taking prescription medication
• People with cardiovascular conditions
• Minors

AI-powered features (e.g. photo recognition) provide automatically generated estimates that may be incomplete or incorrect. Check the results for plausibility before relying on them.

Reminder features: Reminders (e.g., for injections, meal times, or log entries) are purely a convenience feature. They are scheduled exclusively locally on your device; delivery may be delayed or suppressed by the operating system (e.g., by battery-saving features or revoked notification permissions). kerntrack provides no guarantee that reminders will be delivered. Reminders do not replace your own responsibility for organizing the intake or administration of medication; your doctor's instructions always prevail.

4. User Account

A user account is optional: you can use all free features without one. A subscription (PRO or COACH) requires an account. Your health data stays on your device, with or without an account. It leaves your device only when you export it yourself as a backup file or report, or send a photo for AI photo recognition. Food search, barcode scanning, AI photo recognition and wearable sync require an internet connection.

If you create an account:

• You are responsible for the security of your credentials
• You must provide a valid email address
• You confirm that you are at least 18 years old. kerntrack is not intended for minors

We reserve the right to suspend accounts in case of misuse.

5. Data Protection

The protection of your data is particularly important to us. kerntrack stores all health data only on your device, not on our servers. It leaves your device only when you export it yourself as an encrypted backup file or as a report in PDF or CSV format, or send a photo for AI photo recognition.

Detailed information can be found in our Privacy Policy, which you can view at any time in the app.

6. Food Database

Nutritional data comes from the Open Food Facts database (https://world.openfoodfacts.org), an open, non-profit project (Open Database License, ODbL). Generic nutrition data additionally comes from the German Federal Food Code (Bundeslebensmittelschlüssel, BLS) 4.0 by the Max Rubner-Institut, licensed under CC BY 4.0 (DOI 10.25826/Data20251217-134202-0). For the food list that ships with the app, fibre, sugar, saturated fat and salt come from BLS 4.0, from USDA FoodData Central or from Matvaretabellen (sources and licences in the next paragraph), and for branded products from the nutrition table on the pack. Where a food has no table entry of its own, these values can come from a very similar food. Where no fitting source exists, or a single value is missing, the app shows "no data".

Portion sizes (for example "1 slice") come from open food composition tables: USDA FoodData Central (U.S. Department of Agriculture, public domain, CC0 1.0, https://fdc.nal.usda.gov), the Norwegian Food Composition Table Matvaretabellen (Mattilsynet, https://www.matvaretabellen.no, Norwegian Licence for Open Government Data (NLOD) 2.0, https://data.norge.no/nlod/en/2.0) and Fineli (Finnish Institute for Health and Welfare, THL, https://fineli.fi, CC BY 4.0). For branded products the manufacturer's stated portion is used. Where no fitting source exists for a food, the measured value of a very similar food is shown instead and marked as such. Every portion is a reference value and can be overridden in grams at any time.

We do not guarantee:

• Completeness of nutritional information
• Accuracy of product information
• Timeliness of data

For allergies or special dietary requirements, always check the original product packaging.

Photo contributions to the database: When using the photo contribution feature, only your own photos of food product packaging may be submitted; no people, no private objects, and no content that infringes third-party rights. The user is responsible for submitted content. Submitted photos are published by Open Food Facts under an open license (ODbL).

7. Paid Subscriptions

a) Prices and terms:

• PRO: €2.99/month or €29.99/year (save 16%)
• COACH: €9.99/month or €89.99/year (save 24%)

All prices include applicable VAT.

b) The kerntrack Honesty Promise:

• One-month free trial
• Cancel in 2 clicks. No hidden retention flows
• Export your data anytime: as CSV/PDF directly in the app (included in the COACH plan); regardless of that, all health data is on your device anyway
• Monthly means monthly. The price is shown before purchase.

c) Billing:

Billing is handled through the Google Play Store (Android) or Apple App Store (iOS). The payment terms of the respective store apply.

d) Renewal and cancellation:

Your subscription renews automatically for the chosen term (month or year) unless you cancel it before the end of the current period through the respective app store. You can cancel at any time through the respective app store. After cancellation, access remains until the end of the paid period. Then you automatically switch to the free basic version; no data is lost.

e) Price changes:

Changes to subscription prices are announced at least 30 days in advance and take effect no earlier than the next renewal; the agreed price remains unchanged for the current term. If notice is given less than 30 days before renewal, the change takes effect only from the following billing period.

f) Right of withdrawal:

Consumers generally have a 14-day right of withdrawal for distance contracts (§ 312g BGB). The purchase contract is concluded through the respective app store, which informs you about your right of withdrawal before purchase. For purchases through Google Play, the seller is Google Commerce Limited (Gordon House, Barrow Street, Dublin 4, Ireland); the right of withdrawal is therefore exercised with Google, most easily via Google's withdrawal form (support.google.com/googleplay/contact/withdrawal_form). For purchases through the App Store, the seller is Apple Distribution International Ltd. (Hollyhill Industrial Estate, Hollyhill, Cork, Ireland); the right of withdrawal is therefore exercised with Apple, most easily via Report a Problem (reportaproblem.apple.com). Cancellation is different: it stops future billing but does not undo the contract and does not trigger a refund. For digital content, the right of withdrawal expires if you expressly consent to performance beginning before the end of the withdrawal period and confirm your knowledge that the right of withdrawal thereby expires (§ 356 (5) BGB). The refund policies of the respective app store remain unaffected.

Model withdrawal form (if you wish to withdraw from the contract, you may fill in this form and send it back to us):

• To: Umekulsum Basuwala, MindDev53, Emmastraße 25, 45130 Essen, Germany, phone: +49 179 2673926, email: support@kerntrack.de
• I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: kerntrack subscription (PRO/COACH)
• Ordered on (*)/received on (*): ____
• Name of consumer(s): ____
• Address of consumer(s): ____
• Signature of consumer(s) (only for paper notifications): ____
• Date: ____
• (*) Delete as applicable.

8. Intellectual Property

All rights to the App, including design, code, text, and graphics, belong to the operator. The App may not be copied, decompiled, reverse-engineered, or otherwise modified, unless permitted by law.

9. Limitation of Liability

a) The App is provided "as is". We do not guarantee:

• Uninterrupted availability of the App
• Accuracy of calculated values
• Compatibility with all devices

b) Liability for damages arising from use of the App is, to the extent permitted by law, excluded. This applies in particular to:

• Health damage due to incorrect nutritional information
• Data loss on the device
• Damages caused by third-party services (e.g. Open Food Facts, Supabase, Google Gemini, RevenueCat, Sentry, wearable providers)

c) The limitation of liability does not apply to intent, gross negligence, or breach of essential contractual obligations.

10. Changes to Terms of Use

We reserve the right to modify these terms of use. You will be notified in the app of material changes. Continued use after notification constitutes acceptance of the updated terms.

11. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies. For consumers, the mandatory consumer protection provisions of their country of habitual residence apply where more favorable.

12. Severability Clause

Should any provision of these terms of use be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

13. Contact

For questions about these terms of use:
Email: support@kerntrack.de

14. Provider

Umekulsum Basuwala
MindDev53
Emmastraße 25
45130 Essen
Germany
Phone: +49 179 2673926
Email: support@kerntrack.de
VAT ID: DE462927338

A legal notice (Impressum) with all mandatory provider information can be found at kerntrack.de/en/impressum.