Terms and Conditions
Valid from 18.06.2024
1. scope of application
(1.1) Sunshine Labs GmbH, Weisestr. 24, 12049 Berlin, registered with the Commercial Register of the Charlottenburg District Court under HRB 230769 B, (hereinafter “Sunshine Labs GmbH”) offers a mobile app, namely the mealy app, which provides users (hereinafter “users”) with information about the recipes provided, including shopping lists with product, packaging and, in some cases, price information as well as nutritional information and step-by-step instructions. This use is the subject matter of these General Terms and Conditions.
(1.2) These General Terms and Conditions apply to all free and paid use of the mealy app. They also apply to any subsequent extended use of the mealy app with registration.
(1.3) All information you provide when creating an account must be current and truthful. You may not disclose your password to third parties, you must keep it safe and inaccessible to unauthorized persons and notify us immediately in text form if it is lost or disclosed. In addition, you should not disclose your password for iTunes to third parties, for misuse, e.g. for any unauthorized in-app purchases by third parties with your password and the resulting claims, you are liable according to the statutory provisions.
(1.4) Sunshine Labs GmbH reserves the right to amend these GTC with effect for the future in accordance with the following procedure: For this purpose, Sunshine Labs GmbH will notify you in advance of the intended changes by e-mail or by other suitable contract amendment channels such as, in particular, online procedures (e.g. via overlays with consent requirement within the app) and inform you of your right of objection with a notice period of one month. The changes shall be deemed to have been accepted if you do not object within one month of the notification of change.
(1.5) If you access the Sunshine Labs GmbH services via the mealy app and have downloaded the mealy app from the app store of a third party, the terms and conditions of the respective store provider apply in addition. In the case of the iTunes Store, for example, these are the “End User License Agreement for Licensed Applications” (available at https://www.apple.com/legal/internet-services/itunes/ww/), for Google Play you will find the terms of use e.g. at https://play.google.com/intl/de_de/about/play-terms.html. Please make sure to check the terms of use applicable to your country.
In the event of contradictions, these Terms of Use shall take precedence.
(1.6.) The “mealy” application or “mealy - kidney-friendly recipes” and the “mealy” web service (hereinafter referred to as the “Website”) and the use of our services in general (hereinafter referred to as the “Services”) may only be used in accordance with these Terms of Use. These Terms of Use replace all previous contracts concluded between the parties in relation to our Services. The terms and conditions of the distribution platform used to download the app (e.g. the Apple App Store) apply in addition to these Terms of Use, in particular with regard to the contract conclusion process for in-app purchases. In the event of contradictions, these Terms of Use shall take precedence. The respective provider of the App Store is not a party to the contract in relation to the use of the app and is not liable for any defects, damages or infringements of third-party rights. However, in the event of a defect, a withdrawal and request for reimbursement of the purchase price may be declared directly to the provider of the app store.
2. services, subject matter and rights, advertising, conduct
(2.1) Basic services of Sunshine Labs GmbH:
Sunshine Labs GmbH provides you with recipes, shopping lists, nutritional information and illustrated cooking instructions via the mealy app. In addition, Sunshine Labs GmbH may provide you with your own personal area where you can sort recipes and share shopping lists with friends and plan your cooking activities for each week with a weekly plan.
The extent to which recipes are made available and the usage options depend on the type of account you have chosen. You can choose between a free account (see 2.2), a free trial subscription (see 3.2) and a paid subscription (see 3.1).
(2.2) Services of Sunshine Labs GmbH for free use:
The mealy app is installed free of charge. The mealy app offers you recipes that you can select and cook.
After installing the app, you will be provided with free recipe storage spaces in the favorites list, which can be used to save the recipes from the mealy app. You can also use other free functions of the mealy app, e.g. view free recipes, share your shopping list with friends.
(2.3) Additional services of Sunshine Labs GmbH for paid use:
In order to use the full scope of services of the mealy app, a subscription is required. Persons aged 16 and over are entitled to register. If you are not 16 years old, the consent of your parents is required in accordance with Art. 8 para. 1 sentence 2 GDPR. We are entitled to make the use of the services of Sunshine Labs GmbH via the mealy app dependent on suitable proof of your identity, your age of majority or the consent of your legal representative; in particular, Sunshine Labs GmbH may demand suitable proof at any time and exclude you temporarily or permanently from using the mealy app.
(2.4) The mealy app is not an online store. It dynamically links to third-party online stores and their third-party offers that may match the respective recipes. All information displayed via the mealy app serves merely as a non-binding suggestion for the shopping process at the relevant supermarkets and are not offers in the legal sense. No contracts for the purchase of the products presented are concluded via the mealy app; whether this is the case with the linked third-party websites is beyond the control of Sunshine Labs GmbH.
(2.5) Sunshine Labs GmbH provides you with information and data via the mealy app that Sunshine Labs GmbH has collected itself or is provided by third parties from the food trade in order to offer you further information on grocery shopping. This data includes, for example, product prices or packaging sizes. This data may be out of date or may vary locally depending on the location and region of the respective supermarket.
(2.6) In particular, Sunshine Labs GmbH assumes no liability and gives no guarantee that the products shown in the websites and apps of third parties (in particular supermarkets) linked to the mealy app are available from the third parties (in particular in the corresponding supermarkets) and/or can be purchased at the conditions specified by the third parties on the linked websites and apps. We agree and you acknowledge that Sunshine Labs GmbH cannot determine the respective offers of the third parties, in particular the supermarkets. The responsibility for the product range and pricing lies solely with the respective third party who is the supplier of the product in question. If you intend to make a purchase, you yourself are obliged to check all information essential for the conclusion of the contract and its topicality on the basis of the information provided by the supermarket and to contact the respective third party (usually a seller, in particular the supermarket concerned) with the corresponding (purchase) offer and, if necessary, to conclude corresponding contracts. Sunshine Labs GmbH also assumes no liability and no guarantee that the information and data provided on the websites and apps of third parties linked to the mealy app are correct.
(2.7) The rights to the mealy app and to the content displayed in the app, in particular the recipes of Sunshine Labs GmbH, are and remain with Sunshine Labs GmbH; as far as the rights of third parties are concerned (in particular offers of third parties linked to the mealy app), they remain with the respective third parties. You are only granted the right to make the uses necessary for the mealy app (i.e. in particular calling up the app, cooking); this right applies worldwide, is not assignable and cannot be sublicensed.
All property rights of Sunshine Labs GmbH, in particular our trade names (companies), logos, domain names and other special features of Sunshine Labs GmbH are the sole property of Sunshine Labs GmbH. You are not granted any right to use the trademarks of Sunshine Labs, our trade names, logos, domain names or other characteristics of the mealy brand, whether for commercial or non-commercial purposes.
(2.8) On the mealy platforms, Sunshine Labs GmbH is permitted to display advertising information to you.
(2.9) Food content, health and nutritional information
(2.9.1) We use open source databases to provide you with comprehensive data on food and nutritional information. Although we make reasonable efforts to update content, we make no representations, warranties or guarantees, express or implied, that the content is accurate, complete or up-to-date, and we accept no responsibility for any reliance you may place on the content.
(2.9.2) Although we will use our best endeavors to ensure that any recipes you select do not contain allergens or the like, it is your responsibility to ensure that these ingredients are suitable for your own allergen or intolerance requirements.
(2.9.3) You must seek the advice of your doctor before making any changes to your diet or lifestyle. Although we will do our best to provide information to help you achieve your health goals, your health goals and your health are personal to you and therefore we cannot guarantee that the information we provide will be tailored to your circumstances. You should therefore not rely on this information and should ensure that our recommendations are suitable for you.
(2.9.4) Any food content provided to you, including but not limited to calorie counts, nutritional information, allergen information and meal plans, does not constitute advice on which you should rely. We therefore accept no responsibility for your reliance on the content.
3. framework regulations for paid subscriptions and free trial subscriptions
(3.1) Conclusion of the contract for a paid subscription
To use the comprehensive services of the mealy app, additional service packages are available to you in the form of paid subscriptions (“subscription accesses”). These can be taken out for different, possibly changing terms, which will be displayed in the order options.
The subscription accesses of the mealy app are fee-based subscriptions that allow you to access additional content and functions via the mobile applications of Sunshine Labs GmbH. Access to the respective services is valid as long as the subscription exists.
You conclude the contract for a paid subscription through an in-app purchase via our iOS or Android apps. In this case, the contractual conditions and requirements displayed there by Google or Apple apply in addition (in particular also to the individual booking steps)
(3.2) Trial subscriptions/test phases/conversion into paid subscriptions
Occasionally, Sunshine Labs GmbH invites new users in particular to use subscription access for test purposes (so-called “trial subscription”) for a certain period of time free of charge (so-called “invitatio ad offerendum”). With your declaration of participation, you submit an offer for this trial subscription. Sunshine Labs GmbH determines at its own discretion whether, when and under what conditions you may receive and then take advantage of the trial subscription. If there is an important reason, Sunshine Labs GmbH may discontinue or terminate such a free trial subscription at any time without prior notice or announcement. Sunshine Labs GmbH may cancel or change such a free trial subscription at any time without prior notice or announcement if there is an important reason. In particular, the following provisions apply to trial subscriptions:
(3.2.1) You can only participate in some trial subscriptions if you have deposited your payment data in the App Stores (e.g. Apple App Store or Google Play Store) when registering for the trial subscription. In such a case, Sunshine Labs GmbH requires your consent at the beginning of the trial subscription that your free access will be converted into a paid subscription of a subscription access (Section 3.1.) after the trial subscription expires on the day following the end of the trial subscription. In this case, your subscription will be renewed on a recurring basis and can be canceled up to one day before the end of the respective subscription period (Section 7).
(3.2.2) If you do not wish to have the subscription access and the associated charges in accordance with this Section 3.2, you must cancel the subscription access provided to you as part of the trial subscription before the end of the trial subscription. You can do this via the settings of the relevant app store.
(3.2.3) In general, we have no influence on refunds for subscriptions that are concluded as in-app purchases via the Apple App Store or the Google Play Store and therefore cannot guarantee a refund within 14 days.
(3.3) Subscription means in any case that the respective contract is automatically renewed at the end of the respective subscription term for a further subscription term, unless you cancel your paid subscription at least 24 hours before the end of the term (Section 7).
4 Liability/warranty and exclusion of warranty
(4.1) Sunshine Labs GmbH is only liable for intent and gross negligence for losses or damages that you suffer and that are a foreseeable consequence of our breach of these terms and conditions or our negligence. We accept no liability for unforeseeable loss or damage.
(4.2) In all other cases, the liability of Sunshine Labs GmbH is excluded.
(4.3) The obligation to pay compensation is limited to the foreseeable damage in the event of a breach of cardinal or essential contractual obligations.
(4.4) Sunshine Labs GmbH provides the mealy app in the form and with the functions that are currently available. There is no entitlement to the provision or maintenance of certain functions. No guarantee is given with regard to the availability of the system. It may be temporarily restricted in whole or in part due to maintenance work or for other reasons, e.g. with regard to individual functions (“limited availability”). Liability for the consequences of limited availability - of whatever kind and for whatever reason - is excluded.
(4.5) Sunshine Labs GmbH assumes no liability for the success of cooking the retrievable recipes. The nutritional values are provided for information purposes only and do not constitute a guarantee. The same applies to the consideration of ingredients to be avoided. Here too, Sunshine Labs GmbH makes no assurances; it is the responsibility of the user to check the ingredients for ingredients to be avoided when shopping or before cooking. Sunshine Labs GmbH is only liable for direct and indirect damages in connection with the use and application of the recipe recommendations, regardless of what they result from, insofar as the damage incurred was caused by Sunshine Labs GmbH and/or its legal representatives, employees or other vicarious agents intentionally or through a grossly negligent breach of an essential contractual obligation.
(4.6) Sunshine Labs GmbH is not liable for the completeness, accuracy or availability of data entered or provided by third parties.
(4.7) The respective subject matter of the contract for purchase transactions is sold in its existing condition at the time of conclusion of the contract. All your rights due to obvious or hidden material defects are excluded. This also applies to all claims for damages, unless Sunshine Labs GmbH acts intentionally. For material defects that arise between the conclusion of the contract and the transfer of risk, the statutory provisions apply.
(4.8) We exclude liability for all implied terms and conditions, including those implied by statute, common law or equity.
(5) Cancellation policy
If you are a consumer (defined as a natural person who concludes the legal transaction for purposes that are predominantly neither commercial nor your independent professional activity), you have a statutory right of withdrawal when concluding a distance contract, about which Sunshine Labs GmbH informs you below in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, e.g. Apple App Store, Google Play Store. A sample withdrawal form can be found in section 5.
- START OF REVOCATION INSTRUCTION -
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us
Sunshine Labs GmbH
Weisestraße 24
12049 Berlin
Germany
E-mail: legal@mealy.cooking
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
- END OF THE WITHDRAWAL POLICY -
Sunshine Labs GmbH provides the following information about the model withdrawal form in accordance with the statutory provisions:
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back to us).
- To:
Sunshine Labs GmbH
Weisestr. 24
12049 Berlin
Germany
E-Mail: legal@mealy.cooking
- I (*) hereby revoke the contract concluded by me (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only for notification on paper)
- Date (*)
(*) Delete as appropriate.
6. remuneration and payment modalities, offsetting and right of retention
Subscriptions can only be taken out via the channels chosen by Sunshine Labs GmbH, currently iOS or Android apps. Payment is made via the Apple or Google in-app purchase process.
As part of a subscription access, your payment obligation to Sunshine Labs GmbH is automatically extended at the end of the respective subscription term, unless you cancel your paid subscription at least 24 hours before the end of the term (Section 7).
You are not entitled to offset against the claims of Sunshine Labs GmbH unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against the claims of Sunshine Labs GmbH if you assert complaints or counterclaims from the same contract.
You may only exercise a right of retention if your counterclaim arises from the same contract.
7 Term and termination
(7.1) The free user contract shall run for an indefinite period from the time of download in accordance with these Terms of Use. You can terminate the free user contract at any time by e-mail.
(7.2) The paid subscription for the subscription access (see Section 3.) runs at least for the term originally selected by you and is automatically extended if it is not canceled at least 24 hours before the end of this period. The subscription term is extended in accordance with the subscription model previously used. You can cancel your subscription in your smartphone under the iTunes / App Store or Google Play settings.
Cancellation of the subscription access will take effect on the day after the last day of your current subscription period and you will be downgraded to the free user contract (free account). If you want to delete your account completely, you can do this via the settings in the iOS or Android apps. All data will then be irrevocably deleted. However, deleting your account in the app settings alone does not cancel your subscription access; this must be done in the smartphone settings.
(7.3) The right to block and terminate for good cause remains unaffected by the above provisions. Good cause is in particular (a.) a breach by you of the obligations under section 2.21. and/or (b.) if you allow unauthorized third parties access to the mealy app.
8. out-of-court dispute resolution
The European Union has set up an online dispute resolution platform (“ODR platform”) for the out-of-court settlement of consumer disputes, which can be accessed via the link http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. In accordance with § 36 VSBG, Sunshine Labs points out that Sunshine Labs is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
9. final provisions
(9.1) These GTC and the use of the Services are governed by German law with the exception of its conflict of law provisions. The courts in Berlin shall have exclusive jurisdiction for disputes arising from or in connection with the use of the Services and/or these GTC if both parties are merchants or have no permanent residence in Germany, have moved their place of residence or habitual abode abroad after these GTC take effect or if their place of residence or habitual abode is unknown at the time the action is filed.
(9.2) If the member is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from the contract of use and these GTC.