General Terms and Conditions

§ 1 Scope, provider, subject matter of the contract

1. These General Terms and Conditions (Terms) apply to the use of the mobile app “Kahuno” (App). The provider is Nicolas Goldstrass, Wackersbergerstr. 33, 81371 München, Germany, email: hello@kahuno.app, VAT ID DE328430647 (Provider).
2. The App is intended for consumers within the meaning of § 13 BGB who use it for their own dogs. With entrepreneurs within the meaning of § 14 BGB and commercial users, the Provider concludes a separate agreement; these Terms apply to them only insofar as the separate agreement does not provide otherwise. The processing of third parties' personal data on behalf of others is permitted only within the scope of this separate agreement.
3. The App is obtained and paid for via the Apple App Store and Google Play (Stores). Their terms additionally apply to the relationship between the user and the Store.
4. The subject matter of the contract is the provision of the App for recording and analyzing the feeding of dogs.

§ 2 Conclusion of the contract, registration, minimum age

1. Use requires downloading the App and creating a user account. Sign-in is possible exclusively via an existing Google or Apple account.
2. The user completes the registration and accepts these Terms. The Provider accepts the offer by activating the user account. For the purchase of a subscription, a separate contract is concluded via the Store (§ 4).
3. Registration is permitted for persons aged 16 and over. Minors need the consent of their legal guardians for paid features and confirm upon registration that such consent has been given.
4. One user account per person is permitted. The user does not share their login credentials with third parties. Joint management of dogs is governed by § 6(3).
5. The contract language is German. The contract text is not stored separately; the current version of these Terms can be accessed and saved at any time at https://kahuno.app/en/terms.
6. The Provider may permanently delete user accounts after more than 24 months of inactivity (neither a sign-in nor an entry in the App), after notifying the user at least four weeks in advance by email or in the App. An existing paid subscription does not count as inactivity.

§ 3 Description of services, free and paid features

1. Kahuno helps dog owners document their dogs' nutrition, in particular through logging feedings and foods, AI-assisted photo recognition, a curated ingredient database (including for BARF) with nutrition facts based on the German Nutrient Database (BLS) of the Max Rubner-Institut, and the management of multiple dogs and multiple owners.
2. The basic features can be used free of charge, currently up to five saved products. Extended features (“Premium”) are subject to a fee. The scope of features is described in the Store and in the App.
3. The Provider may change the scope of features for a valid reason if the user incurs no additional costs and is clearly informed. If the change impairs usability more than insignificantly, the Provider informs the user at least 30 days in advance in text form; the user may then terminate free of charge within 30 days (§ 327r BGB).

§ 4 Prices, subscription, payment, term, cancellation

1. The Premium features are offered as weekly, monthly and annual subscriptions. The prices shown in the Store before purchase are decisive; they include statutory VAT. A free trial period of 14 days is offered for all subscriptions; it begins when the subscription is taken out in the Store. If the subscription is not canceled before the trial period ends, the paid subscription begins at the price shown before purchase. The length of the trial period, the price afterward and the automatic conversion are shown to the user before purchase.
2. Payment is made exclusively via the user's Store account. The Provider receives no payment data.
3. Subscriptions run for the term selected in the Store (one week, one month or one year) and, once that term ends, renew tacitly for an indefinite period unless canceled beforehand. Weekly and monthly subscriptions can be canceled at any time, effective at the end of the current period. The user may cancel a renewed annual subscription at any time with one month's notice to the end of a month; the Provider refunds, on a pro-rata basis, the fee paid in advance for the period after the cancellation takes effect.
4. Cancellation is made in the subscription settings of the Store account. The user may additionally cancel a renewed annual subscription in text form, e.g. by email to hello@kahuno.app. The App also offers a “Cancel subscription” function. It guides the user to cancellation in two steps and confirms the cancellation in text form with date and time. The right to terminate for good cause remains unaffected.
5. After cancellation, the subscription continues until the end of the paid period. A pro-rata refund is excluded unless otherwise provided under para. 3, by law or under the Store's refund rules. The account then reverts to the free version; saved data are retained insofar as they can be used there.
6. The Provider does not change the prices of existing subscriptions unilaterally. A price increase takes effect only if the user expressly agrees to it via the Store; otherwise the subscription ends at the end of the current period.

§ 5 Right of withdrawal

1. For paid contracts, consumers have a statutory right of withdrawal of 14 days from conclusion of the contract. The withdrawal instructions and the model withdrawal form follow below.
2. For digital content not supplied on a tangible medium, the right of withdrawal expires early if the Provider has begun performance after the consumer has expressly consented and confirmed their knowledge that they thereby lose their right of withdrawal (§ 356(5) BGB).
3. For digital services, in the event of withdrawal the consumer owes compensation for the services provided up to that point, provided they expressly requested that the service begin before the withdrawal period expires (§ 357a BGB).
4. If the purchase is made via a Store, the Store handles withdrawal and refund according to its own rules.

Withdrawal instructions

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 the contract is concluded.

To exercise your right of withdrawal, you must inform us (Nicolas Goldstrass, Wackersbergerstr. 33, 81371 München, Germany, hello@kahuno.app) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period expires.

Effects of withdrawal. If you withdraw from this contract, we must repay all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal. For this repayment, we use the same means of payment that you used for the original transaction; in no case will you be charged any fees because of this repayment. For purchases via a Store, the refund is made through the Store's refund process.

If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal, compared to the total scope of the services provided for in the contract.

Early expiry. For contracts for digital content not supplied on a tangible medium, your right of withdrawal expires early if you have expressly consented to us beginning performance before the withdrawal period expires and have confirmed that you thereby lose your right of withdrawal.

Model withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back.

To Nicolas Goldstrass, Wackersbergerstr. 33, 81371 München, Germany, hello@kahuno.app:

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*): [Kahuno Premium subscription, weekly/monthly/annual subscription]

Ordered on (*): ______

Name of consumer(s): ______

Address of consumer(s): ______

Signature of consumer(s) (only if this form is submitted on paper): ______

Date: ______

(*) Delete as appropriate.

§ 6 Use, user content, multiple users

1. For the term of the contract, the Provider grants the user a non-exclusive, non-transferable right to use the App for private purposes.
2. It is prohibited to read out the App by automated means, to circumvent technical protection measures (in particular the restriction of Premium features), to reverse engineer the App unless permitted by law, and to use it unlawfully or in a way that endangers third parties or the Provider's systems.
3. The user can invite other people to manage dogs and food data together. Invitees see and edit the shared data according to the role set in the App. The inviting user ensures that they are authorized to share and can revoke sharing at any time. Invitees need their own account and accept these Terms.
4. The rights to the content the user posts in the App (e.g. photos of packaging, information about dogs) remain with the user. The user grants the Provider the non-exclusive right, limited to the term of the contract, to store and process this content and transmit it to the service providers used, insofar as this is necessary for the App's features. No use beyond this takes place, for example for training AI models.
5. The user confirms that they are entitled to post the content and that it does not infringe any third-party rights; photos must not show any identifiable persons. The Provider may remove obviously unlawful content.

§ 7 AI features, nutrition data, no substitute for veterinary advice

1. Photo recognition uses artificial intelligence from a third-party provider. The results are generated automatically and may be incomplete or incorrect. The user checks them before accepting them and corrects them as needed; the Provider does not warrant their accuracy.
2. The nutrition facts come from the German Nutrient Database (BLS), version 4.0, of the Max Rubner-Institut, a database of foods for human consumption. The values refer to 100 g of edible portion and are average or reference values. They may differ from the values of specific products and from a dog's actual needs. The Provider assumes no liability for their accuracy, completeness or timeliness. The Provider is not affiliated with the Max Rubner-Institut; mentioning the BLS does not imply endorsement by the institute.
3. The content and calculations of the App serve as guidance and documentation and do not replace veterinary or nutritional medical advice. In cases of illness, allergies, intolerances, pregnancy, puppies or senior dogs, the user should seek veterinary advice. The user makes feeding decisions on their own responsibility.

§ 8 Availability, updates, warranty rights

1. The Provider strives for high availability of the App but does not promise any specific level of availability. Temporary restrictions, e.g. due to maintenance or disruptions at Stores, hosting providers or other third-party providers, are not a defect insofar as the Provider is not responsible for them.
2. The Provider supplies updates that are necessary to keep the App in conformity with the contract and informs the user about them (§ 327f BGB). If the user does not install a supplied update within a reasonable period, the Provider is not liable for defects resulting from this, provided it has pointed out this consequence.
3. The statutory warranty rights for digital products apply (§§ 327 et seq. BGB). The user reports defects to hello@kahuno.app.

§ 9 Liability

1. The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Produkthaftungsgesetz (Product Liability Act), for fraudulently concealed defects and insofar as it has assumed a guarantee.
2. In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely), the Provider's liability is limited to the foreseeable damage typical for the contract.
3. Otherwise, liability for damage caused by slight negligence is excluded. The statutory warranty rights under § 8(3) remain unaffected.

§ 10 Data protection, account deletion, termination

1. Information on the processing of personal data can be found in the privacy policy at https://kahuno.app/en/privacy, which can also be accessed in the App.
2. The user can delete their account in the App at any time. An active subscription must be canceled separately via the Store.
3. The Provider may terminate the free usage contract by ordinary termination with four weeks' notice. The right to terminate for good cause remains unaffected; good cause exists in particular in the case of repeated or serious violations of § 6(2). In this case, the Provider may block the account after first giving the user an opportunity to be heard. In the event of a justified termination of a paid subscription, the Provider refunds the fee for the remaining term on a pro-rata basis.

§ 11 Changes to the Terms, transfer of the contract, final provisions

1. The Provider may change these Terms for a valid reason, for example in the event of changes in the law or case law, new features or changed Store requirements, provided the balance between performance and consideration is not shifted to the user's detriment. The changed Terms will be communicated to the user in text form or in the App at least four weeks before they take effect.
2. The change becomes effective only if the user expressly agrees to it in the App. If the user does not agree, the previous Terms continue to apply; the Provider may then terminate the contract by ordinary termination under § 10(3).
3. The Provider is entitled to transfer the contract with all rights and obligations to another company, in particular as part of a spin-off or a new incorporation, provided the user is informed in advance in text form and the user's rights are not impaired as a result. The user may object to the transfer within four weeks and terminate the contract.
4. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
5. The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.