Terms of Use

Terms of Use – Miobi

These terms of use govern the use of the Miobi mobile application ("App") by Featuring GmbH, Tal 44, 80331 Munich (HRB 287200).

When you create a user account or use the app, you enter into a contract with us based on these terms. If you do not agree, you may not use Miobi. For handling your personal data, our current privacy policy applies.

1. Subject of Miobi

1.1

Miobi is a KI-based health app for nutrition tracking. You can take meal photos, and our AI creates your personalized health avatar from them. The avatar shows you your eating habits and motivates you to make healthier decisions.

1.2

The app is provided for iOS and Android devices. Compatibility requirements can be found in the respective app store.

2. Prerequisites for use

2.1

You must be at least 13 years old. Registration of automated accounts (bots, etc.) is prohibited.

2.2

Supported login methods:

• Apple Sign-In
• Google Sign-In

2.3

With registration, you receive a revocable, non-transferable right to use the app. The app itself is copyrighted and remains our intellectual property.

3. User account

3.1

You are obliged to provide truthful and current information and to treat access data confidentially.

3.2

Account management: In the app settings, you can change profile information, adjust push options or delete your account at any time.

3.3

We send you in-app notifications and push messages (e.g., Miobi care reminders). You can adjust or disable notifications in the app settings at any time.

4. Financing model

4.1

Miobi is a subscription-based model. You subscribe to the app and can then use it unlimited without restrictions. There is no advertising and no freemium model.

4.2

Since we do not place advertising, corresponding personalization criteria are eliminated. Your profile data is used exclusively for app functionality.

4.3

We generally do not pass on personal data to third parties, unless this is legally required or you have explicitly agreed.

4.4

For subscription purchases, the conditions of the respective app store (Apple App Store / Google Play Store) apply. Important: Subscription cancellation ≠ Account deletion. With subscription cancellation, you keep your account with limited features. Only with complete account deletion will all your data be deleted immediately.

5. Content and licenses

5.1

Your health data and meal photos. The copyright to your photos remains with you. By uploading, you grant us a technical license for AI analysis (Food Scan) and avatar generation. Your temporary onboarding selfie is only used for avatar creation and deleted immediately afterward. The license ends upon account deletion.

5.2

Your health data remains private and is never shared publicly or used for advertising purposes.

5.3

Your Miobi avatar is generated and stored exclusively for your personal app experience. No commercial use or sharing with third parties.

5.4

We reserve the right to technically process your meal photos (e.g. compression or metadata extraction) to ensure app functionality.

6. Updates

We provide security or function-relevant updates and inform you in the app or via store. You are obliged to install updates within a reasonable time; otherwise the app may not function properly. Note: Updates may cause mobile or store costs.

7. Limitation of Liability and Indemnification

7.1 Availability

We do not owe permanent, uninterrupted or error-free availability of the app. Maintenance times, updates or technical disruptions can lead to failures.

7.2 Limitation of Liability

For simple negligence, we are only liable for breach of essential contractual obligations ("cardinal obligations") and then limited to the foreseeable damage. Claims from intent, gross negligence, personal injury or under the Product Liability Act remain unaffected.

7.3 External Content

We assume no responsibility for user content or external links.

7.4 User Indemnification

You indemnify us from all third-party claims asserted against us due to a legal violation through your uploaded content (photos, profile pictures, avatar selfies, meal photos) or due to your use of the app.

This includes in particular claims due to violation of copyright, trademark, personal rights or other protective rights of third parties. Upon first request, you assume all reasonable costs incurred by us resulting from such legal violation, including the necessary costs of legal defense.

The above does not apply if and to the extent you are not responsible for the legal violation. Any further claims by us against you remain unaffected.

8. Termination of contract

8.1

You can terminate the contract at any time by deleting your account. All your personal health data will be deleted immediately. Non-personal, anonymized analytics data may be retained for product improvement.

8.2

We can block or terminate your account if you violate these terms of use, laws or third-party rights or endanger the app. You can object to this within 14 days by email. We decide on objections within 30 days.

8.3

Right of withdrawal for consumers: see Annex A (withdrawal instruction and sample form).

9. Changes to the app or conditions

9.1

We may adjust or remove functions as long as this is reasonable for you or legally required. We will inform you about significant changes at least 30 days in advance.

9.2

We will also inform you about changes to these terms of use 30 days in advance. If you do not object within this period, the new terms are considered accepted. In case of objection, the contract ends with the entry into force of the new terms.

10. Final provisions

10.1

German law applies excluding the UN Sales Law. Consumer protection regulations of the EU residence state remain unaffected. In addition, the terms of use of the respective app store (Apple App Store / Google Play Store) apply.

10.2

If the user is a merchant, legal entity under public law or public-law special fund, Munich is the exclusive place of jurisdiction.

10.3

Should a clause be invalid, the contract remains valid in other respects.

10.4

We do not participate in dispute resolution procedures before a consumer arbitration board.

Annex A – Withdrawal instruction (only for consumers)