Terms of use
Note on this translation. This is a translation provided for your convenience. Only the German version is legally binding. Where the two differ, the German wording prevails. References to German statutes (BGB, DDG, MStV) are given with their German abbreviations, since only those have legal force.
§ 1 Scope and provider
(1) These terms of use apply to the use of the mobile application “Delikaasy” and the associated website delikaasy.app (together “the application”).
(2) The provider is Robert Oestmann, Barmbeker Straße 27a, 22303 Hamburg (“we”).
(3) Diverging terms of users do not become part of the contract, even if we do not expressly object to them.
§ 2 Subject matter of the application
(1) The application makes it possible to discover and rate cheeses and to receive personal recommendations based on one’s own ratings. It provides product information and editorial content and contains a collection and progress system with points, ranks and awards.
(2) Use is currently free of charge. We reserve the right to offer paid additional functions in future. Functions that are already free of charge will not become chargeable as a result.
(3) There is no entitlement to permanent availability. We endeavour to keep operation as undisturbed as possible, but cannot rule out maintenance work and outages.
(4) We may change, add to or discontinue functions in so far as this is reasonable for you. If the scope of services is significantly reduced, we will inform you within the application with reasonable notice.
(5) Points, ranks and awards have no monetary value. They are not transferable, not payable in cash and establish no claim against us.
§ 2a Distribution via the App Store
(1) The application is provided via Apple’s App Store; during the testing phase additionally via TestFlight. Apple’s terms apply in addition to the acquisition.
(2) This contract exists solely between you and us, not with Apple. We alone are responsible for the application and its content.
(3) You receive a non-transferable licence to use the application on the Apple-branded devices that you own or control, in accordance with the usage rules of the Apple Media Services Terms and Conditions.
(4) We alone are responsible for maintenance and support. Apple is under no such obligation. Your point of contact is kontakt@delikaasy.app.
(5) If the application fails to conform to a warranty given, you may notify Apple; Apple will where applicable refund the purchase price to you. Beyond that, Apple has no warranty obligation to the extent permitted by law. Your statutory rights against us remain unaffected.
(6) We alone, not Apple, are responsible for claims relating to the application — in particular product liability, breaches of legal requirements, consumer protection law and claims arising from the infringement of third-party rights.
(7) You represent that you are not located in a country subject to a United States embargo or designated by the US government as “terrorist supporting”, and that you are not on any relevant US government prohibited-party list.
(8) Apple and its subsidiaries are third-party beneficiaries of these terms of use and are entitled to enforce them against you.
§ 3 User account
(1) A user account is required for full use. There is no entitlement to registration.
(2) Registration is permitted to persons aged 18 and over. By registering you confirm that you have reached this age. We do not collect a date of birth for this purpose.
(3) Registration takes place in three steps: entering the email address, entering the confirmation code sent by email, setting a password. Alternatively you can sign in with a Google account.
(4) Your details on registration must be accurate. Please keep changes up to date.
(5) Access credentials are to be kept confidential and must not be passed on to third parties. If unauthorised access is suspected, please inform us without delay at kontakt@delikaasy.app.
(6) One account per person is permitted.
§ 4 Obligations when using the application
(1) You must not use the application improperly. In particular the following are prohibited:
a) posting unlawful, insulting, discriminatory, youth-endangering or untrue content;
b) posting content to which you do not hold the necessary rights;
c) posting advertising, or posting ratings in return for payment or other consideration;
d) submitting ratings for products you have not tasted yourself;
e) using automated procedures to read out the application or its data (scraping, crawlers, bots);
f) acts that impair the functioning of the application, in particular excessive server load;
g) circumventing or manipulating the points and rank system, in particular through multiple accounts or automated entries.
(2) In the event of breaches we may remove content, reset points and ranks and suspend the account temporarily or close it permanently. In doing so we choose the mildest suitable means and take your legitimate interests into account. In the event of serious breaches, immediate suspension without prior notice is permissible.
§ 5 Ratings and content of other users
(1) Ratings reflect the personal assessment of the person concerned. They do not constitute a statement by us.
(2) We do not systematically review user-generated content prior to publication. We remove content as soon as we become aware of a legal infringement.
(3) Ratings are sorted within the application by recency, helpful marks and correspondence with your taste profile. There is no paid promotion of individual ratings or products.
(4) We do not verify whether a rating person actually purchased or consumed the product. Ratings are therefore not marked as “verified”.
§ 5a Reporting unlawful content and moderation
This section implements the requirements of Regulation (EU) 2022/2065 on a Single Market For Digital Services (“Digital Services Act”).
(1) Reporting. You can report content you consider unlawful to us at any time. Please send us a message at kontakt@delikaasy.app. Access is easy, free of charge and requires no sign-in. For notices about incorrect product details — for instance ingredients or origin — please instead use the “Data incorrect?” function on the product page; it is not a reporting channel within the meaning of this section.
(2) Details in the report. So that we can process a report, we need:
a) a sufficiently substantiated explanation of why the content is said to be unlawful;
b) the precise indication of where the content can be found;
c) your name and your email address — except in the case of content concerning offences against sexual self-determination;
d) a confirmation that you consider the details to be accurate to the best of your knowledge.
(3) Our procedure. We confirm receipt of your report without delay and inform you of our decision and of the possibilities of challenging it without undue delay. We process reports diligently, non-arbitrarily and objectively. Where we use automated means for processing, we will tell you so.
(4) Statement of reasons to those affected. If we remove content, disable access to it, restrict its visibility or suspend an account, we inform the person concerned of the decision and its reasons. The notice contains details of the scope and duration of the measure, of the facts relied on, of the use of automated means, of the legal basis or contractual provision relied on, and of the available remedies.
(5) Objection. If you disagree with a decision, you can inform us informally within six months at kontakt@delikaasy.app. We will review the decision again and give reasons for the outcome. You may also turn to a certified out-of-court dispute settlement body or seek judicial redress.
(6) Misuse. In the case of repeatedly manifestly unfounded reports or the repeated posting of manifestly unlawful content, we may suspend the processing of further reports or suspend the account. We will announce this beforehand.
(7) Point of contact. The single point of contact for users and for authorities is kontakt@delikaasy.app. Communication is possible in German and English.
§ 6 Rights in your content
This section governs what happens to photos, ratings and texts that you post.
(1) Your content remains yours. You retain all rights in the photos, texts and other content you post (“user content”).
(2) You grant us a licence. So that we may display your content within the application, you grant us upon posting a non-exclusive, territorially and temporally unlimited, royalty-free right of use in the user content. This right comprises:
a) storage, reproduction and making available to the public within the application and the website;
b) editing in so far as necessary for display — in particular cropping, scaling, compressing and adapting the format;
c) use of the photo as a product image in the product database, also in combination with other product data;
d) use in previews, overviews and recommendation views within the application.
(3) What the licence does not comprise: passing your content to third parties for their own purposes, and use in paid advertising outside the application. For such uses we will ask you separately.
(4) Attribution: when displaying user photos we name your username as the source, in so far as the presentation permits.
(5) Your assurance: by posting you confirm that you hold the necessary rights and infringe no third-party rights. In particular, do not photograph persons without their consent.
(6) After deletion: if you delete an item of content or your account, we remove the content from the application. The licence lapses. Technical backup copies already created are deleted within the usual retention cycles. Statistical values derived from your ratings that cannot be related to a person (such as a product’s average rating) remain in place.
(7) Indemnity: if, through content you have posted, you culpably infringe third-party rights, you indemnify us against justified claims asserted against us by third parties on that account. We will inform you of such claims without delay and give you the opportunity to comment before we acknowledge or satisfy any claims.
§ 7 Our rights in the application
The application, its design, software, texts, graphics and the product database are protected by copyright. You acquire no rights beyond use in accordance with the contract. In particular it is prohibited to read out or reproduce data sets systematically.
§ 8 Product information and allergens — please read
(1) The product information displayed — in particular on ingredients, allergens, nutritional values, milk type, origin and production — comes from publicly available sources, manufacturers’ details and user contributions, and is in part prepared by automated means.
(2) We endeavour to provide accurate details, but cannot warrant their correctness, completeness or currency. The details are not owed as a contractual specification of quality. Our liability is governed by § 9.
(3) Only the details on the manufacturer’s original packaging are authoritative. If you have an allergic reaction to constituents of foodstuffs, suffer from an intolerance, are pregnant or must avoid particular constituents — such as raw milk — for other health reasons, do not rely on the details in this application, but check the packaging.
(4) We additionally show you this notice directly alongside the details on ingredients and allergens within the application.
(5) The application does not constitute nutritional or health advice.
§ 8a Digital products, updates and defects
(1) The application is a digital product within the meaning of §§ 327 et seq. BGB. These provisions also apply where you pay no fee but provide us with personal data (§ 327(3) BGB).
(2) For the duration of the user contract we provide you with updates that are necessary to maintain the conformity of the application — in particular security updates and adaptations to new operating system versions. We will inform you of such updates and of the conditions for installing them in an appropriate manner.
(3) If you do not install an update provided within a reasonable period, we are not liable for defects that result solely from the missing update — provided that we informed you about the update and the consequences of failing to install it, and that the failure to install is not due to defective installation instructions.
(4) Your statutory rights in the event of defects in the application remain unaffected.
§ 9 Liability
(1) We are liable without limitation in cases of intent and gross negligence, and for injury to life, body or health.
(2) In the case of simple negligence we are liable only for the breach of a material contractual obligation — that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such a case liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise liability is excluded.
(4) Liability under the Product Liability Act remains unaffected.
(5) The limitations also apply in favour of our legal representatives and vicarious agents.
§ 10 Term and termination
(1) The user contract runs for an indefinite period.
(2) You can end it at any time without giving reasons by deleting your account in the settings under “Delete account” or by sending us an informal notice to kontakt@delikaasy.app.
(3) We may terminate the contract giving 14 days’ notice to the end of the month. The right to extraordinary termination for good cause — in particular in the case of serious breaches of § 4 — remains unaffected.
(4) If you do not sign in for 24 months, we may delete the account after prior notice by email and a period of 30 days. Section 5 of the privacy notice sets out the details.
(5) Upon termination your account and your personal data are deleted in accordance with the privacy notice.
§ 11 Amendment of these terms
(1) We may amend these terms of use where this is necessary to adapt to a changed legal situation, changed supreme court case law or changed functions of the application, and where you are not unreasonably disadvantaged as a result.
(2) We will inform you of amendments at least 30 days before they take effect, within the application or by email. If you do not object within this period, the amendments are deemed accepted. We will point out this consequence separately in the notice.
(3) If you object, either party may terminate the contract as of the date the amendments take effect.
§ 11a Use of artificial intelligence
(1) Parts of the product information in the application are compiled and prepared from publicly available sources with the support of AI systems. Every record is reviewed and approved by us before publication; editorial responsibility rests with us.
(2) The summary of your personal taste profile and the summarised presentation of the taste impressions of a cheese are generated automatically.
(3) Images in the application are not generated by AI.
(4) The application contains no chatbot and no conversational AI assistant.
§ 12 Data protection
How we process your personal data is described in the privacy notice. It is available in the application under “Settings → Data & Security” and online at delikaasy.app/datenschutz.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.
(2) If you are a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is Hamburg.
(3) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
(4) Should a provision be or become invalid, the validity of the remaining provisions remains unaffected.