Terms of Use

1. Scope

These terms of use apply to the use of the mobile application SnackUp ("the app"), provided by Mathieu Joestens, Mathys Lab, Gebrüder-Künnemeyer-Str. 34, 32805 Horn-Bad Meinberg, Germany ("the provider").

2. Service description

SnackUp suggests short workouts ("snacks") that can be done throughout the day. No user account is required; all data is stored locally on your device.

Optionally, and only after you explicitly enable it, the app can pass completed snacks to your operating system's health store (Health Connect or Apple Health). This feature relies on services provided by the operating system vendor rather than by the provider; its availability and correct operation are not warranted. Details of the processing are set out in the privacy policy.

3. Health notice

SnackUp does not replace medical advice, diagnosis, or treatment. The suggested exercises are of a general nature and do not take individual health limitations into account. Before starting any exercise program — particularly if you have a pre-existing condition, injury, are pregnant, or have any health concerns — consult a physician or qualified healthcare professional.

Use of the app and performance of the suggested exercises is at your own risk. Stop any exercise immediately if you experience pain, dizziness, or discomfort.

4. Liability

The provider is liable without limitation for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty, as well as for other damages arising from an intentional or grossly negligent breach of duty.

Beyond that, the provider is only liable for breach of a material contractual obligation (one whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely), and in that case liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded.

The provider accepts no liability for injuries resulting from overestimating one's own physical capabilities or from disregarding the exercise instructions.

5. Premium subscription

The app is free to download. Its core use — snack suggestions, weekly tracking, reminders, the full history and exporting your data — remains usable without any payment. Additional features, which are not required for that use, may be unlocked via a paid premium subscription.

Price and term — €3.49 per month or €19.99 per year, including VAT. The price shown in the app at the time of purchase, in your account's currency, is the one that applies. The annual plan may include a 7-day free trial for new subscribers; eligibility for that trial is determined by the store, not by the provider.

Renewal and cancellation — the subscription renews automatically for the same term at the then-current price, unless cancelled at least 24 hours before the end of the current period. Cancellation is done in the subscription settings of your Google or Apple account, not in the app. After cancelling, premium access remains active until the end of the period already paid for. A running free trial turns into a paid subscription at its end unless cancelled at least 24 hours beforehand.

Seller — purchase, billing, renewal and cancellation are handled exclusively by the app store the installation came from (Google Play or App Store), subject to that store's terms. For any payment or refund question, contact that store's support: the provider has access to neither your payment methods nor your transaction details, and cannot issue a refund itself.

Right of withdrawal — as this is digital content supplied immediately after purchase, the right of withdrawal lapses once you have expressly consented to that immediate performance and acknowledged losing that right (§ 356(5) BGB). Each store's own refund rules, which are often more generous, continue to apply.

6. App Store-specific terms (iOS)

The following provisions apply only if you obtained the app from Apple's App Store. They are required by Apple.

• These terms are concluded between you and the provider only, and not with Apple. Apple is not responsible for the app or its content.
• Apple has no obligation to furnish any maintenance or support services for the app. Support requests are to be addressed to the provider (see "Contact").
• If the app fails to conform to any applicable warranty, you may notify Apple, which may refund the purchase price, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation. Any other claim relating to the app is the provider's responsibility.
• The provider, not Apple, is responsible for addressing any claim by you or a third party relating to the app, including product liability, failure to conform to a legal requirement and consumer protection claims.
• If a third party claims that the app infringes its intellectual property rights, the provider, not Apple, is responsible for the defence and settlement of that claim.
• You represent that you are not located in a country subject to a U.S. embargo or designated as supporting terrorism, and that you are not listed on any U.S. list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

7. Availability

The provider strives to keep the app available as continuously as possible but cannot guarantee this. Maintenance work, technical issues, or product updates may cause temporary interruptions.

8. Usage rights

The provider grants you a simple, non-transferable right to use the app as intended, for private, non-commercial purposes.

Minimum age — the app is intended for people aged 16 or over. Minors may use it only with the consent of a parent or legal guardian, which is likewise required to take out a paid subscription.

9. Changes to these terms

The provider may amend these terms of use with effect for the future, for example when the app's feature set changes. Material changes will be communicated in an appropriate manner (e.g. an in-app notice).

10. Governing law

These terms are governed by German law. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

11. Contact

For questions about these terms, the app or your subscription, contact us at contact@snackup.fun. Common support questions are collected on the help page.