Terms of Use – Anovi App
Last updated: May 2026
§ 1 Scope of Application
(1) These Terms of Use ("Terms") of Pragathi Jayaram, doing business as Anovi Wellness ("Anovi", "we", "us", or the "Provider"), govern the use of the Anovi services made available through the mobile application "Anovi" (the "App"). Full provider details are set out in our Impressum. Information on the processing of personal data is set out in our Privacy Policy.
(2) For the purposes of these Terms, "consumer" and "trader" have the meanings given in §§ 13 and 14 of the German Civil Code (BGB). "Distribution Platform" means the Apple App Store operated by Apple Inc. and, where applicable, Google Play operated by Google LLC, through which the App can be downloaded. "User" means any natural person who uses the App.
(3) The App is intended for consumers habitually resident in the European Union and the European Economic Area. We direct our activity primarily to consumers in Germany. The App is not currently directed to consumers in Switzerland or outside the EU/EEA. Nothing in these Terms is intended to limit any mandatory rights that Users may have under applicable EU consumer protection law.
(4) The version of these Terms accepted by the User at the time of registration or, where applicable, at the time of concluding a paid subscription applies. Later changes apply only in accordance with § 15.
(5) These Terms are provided in English and German. For consumers habitually resident in Germany, the German version is authoritative. For all other Users, the English version is authoritative, unless mandatory consumer protection law provides otherwise. Further provisions on language, applicable law, and jurisdiction are set out in § 16.
(6) In addition to these Terms, the terms of the Distribution Platform through which the App was obtained may apply to matters relating to download, installation, in-app purchases, payment processing, subscription management, and cancellation through the relevant platform. § 14 applies to the relationship between these Terms and the terms of the Distribution Platform.
§ 2 Contract Formation and Use
(1) By creating an account and accepting these Terms, the User concludes a free contract for the basic use of the App with Anovi (the "User Agreement"). Downloading and installing the App may also be subject to the terms of the relevant Distribution Platform.
(2) Paid subscriptions to Pro features are concluded separately in accordance with § 5 and § 8. The relationship between these Terms and the terms of the relevant Distribution Platform is governed by § 14.
(3) The User shall provide truthful, accurate, and current information when creating and using an account. The accuracy, suitability, safety, and reliability of personalised App outputs may depend on the information provided by the User. Further health and nutrition notices are set out in § 3, and further account rules are set out in § 4.
(4) The User shall use the App only in accordance with applicable law, these Terms, and the rights of third parties. The User shall not misuse the App, interfere with its operation or security, or use it for unauthorised commercial purposes. Further rules on account security are set out in § 4, and further intellectual-property and technical-use restrictions are set out in § 6.
(5) In the event of a material breach of these Terms or applicable law, Anovi may suspend or terminate the User's access in accordance with § 7.
§ 3 Health and Nutrition Notice
(1) Anovi is not a medical device, healthcare provider, or professional nutrition-counselling service. The App does not provide medical diagnosis, treatment, or advice. The information and personalised content made available through the App are intended for general wellness, meal-planning, and self-tracking purposes only.
(2) The User remains responsible for their own health and dietary decisions. Users who have a medical condition, are pregnant or breastfeeding, take prescription medication, or have a diagnosed eating disorder should consult a qualified healthcare professional before relying on personalised content generated by the App. Users should not disregard, delay, or replace professional medical, nutritional, or psychological advice because of information shown in the App. The App is not suitable for emergencies or urgent health concerns; in such cases, Users should seek medical assistance immediately.
(3) The App displays nutritional values, allergen indicators, wellness scores, weight projections, and other informational outputs based on data sources referenced in § 6.5 and on information provided by the User. These outputs are estimates and self-reflection tools, not clinically validated assessments, and may vary from precise values in individual cases. Allergen indicators are provided for orientation only and do not replace the User's own review of ingredient lists, product labels, preparation methods, or cross-contamination risks. Weight projections are simplified estimates and may not reflect individual metabolic, medical, hormonal, lifestyle, or other factors. Further provisions on warranty are set out in § 11.
(4) Mandatory rights of the User under applicable consumer protection law, including liability for harm to life, body, or health under § 309 Nr. 7 lit. a) BGB, are not limited by this section. Further provisions on liability are set out in § 12.
§ 4 Account Creation
(1) Use of the App is reserved for adults aged 18 or older. The User confirms at signup that they are at least 18 years old. The User may not create or use an account if the User has not reached the age of 18.
(2) An account may be created using an email address and password. Each natural person may hold only one Anovi account. Creating an account using another person's data, accessing another person's account without authorisation (which may constitute unauthorised access to data under § 202a StGB), and creating accounts through automated means are prohibited. The App may not be used for the purpose of competitive analysis, market research, reverse engineering, or for the development of products or services that compete with Anovi.
(3) The User shall keep account credentials confidential and shall not share access with third parties. The User shall notify Anovi without undue delay at hello@anoviwellness.com of any actual or suspected unauthorised access to the User's account.
(4) The User may delete their account at any time through the in-app deletion option in profile settings or by sending a request to hello@anoviwellness.com from the email address registered with the account. The processing and effects of account deletion, including retention periods and lawful exceptions, are set out in our Privacy Policy. The relationship between account deletion and active paid subscriptions is addressed in § 7.
§ 5 Service Scope: Free and Pro Tiers
(1) Anovi offers the App in two versions: a free version ("Anovi Free") and a paid subscription version ("Anovi Pro"). The functions and usage limits available in each version, including the features designated as Pro features, are displayed within the App and, for paid subscriptions, before conclusion of the subscription.
(2) Anovi Free is provided without charge. The availability and scope of Anovi Free may change in accordance with § 10.
(3) Anovi Pro is provided as an auto-renewing subscription with a monthly or annual term. Pricing, term, renewal, and cancellation are set out in § 8. The User may benefit from a free trial only if such a trial is expressly offered by Anovi or by the Distribution Platform at the time of purchase; the duration and terms of any such trial are displayed before the conclusion of the paid subscription.
(4) The scope of Anovi Pro features may change after the contract has been concluded. Material changes are notified and may give rise to a right of termination in accordance with § 10.
(5) The User has no claim to the availability of specific recipes, recommendations, meal plans, nutrient suggestions, categories, scores, or other individual App outputs, unless expressly agreed otherwise.
§ 6 Intellectual Property and Licences
§ 6.1 Licence Grant from Anovi to User
(1) For the duration of the User Agreement and subject to these Terms, Anovi grants the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited, non-commercial right to access and use the App and its content for the User's private, personal meal-planning, cooking, meal logging, nutrition-information, and wellness-tracking purposes only.
(2) This licence does not grant the User any ownership interest in Anovi's content, recipe catalogue, nutrition data, images, algorithms, recommendation logic, user interface, software, policies, trademarks, trade names, or other intellectual property. The licence does not extend to commercial use. The only commercial-use exception is set out in § 6.4.
(3) The licence ends automatically upon termination of the User Agreement, unless mandatory law provides otherwise.
§ 6.2 Licence to User-Generated Content
(1) The User retains ownership of all content the User creates or submits through the App ("User-Generated Content"). User-Generated Content includes, for example, personal recipes, custom ingredients, meal-plan entries, ratings, reviews, favourites, cooking and meal-log interactions, and other free-text notes or entries created by the User.
(2) By submitting User-Generated Content through the App, the User grants Anovi a limited, non-exclusive, royalty-free licence to host, store, reproduce, process, structure, analyse, retrieve, transmit, and display the User-Generated Content within the User's own account, solely to the extent necessary to provide, maintain, and secure the App for that User. Anovi may grant the necessary rights to its technical service providers, including the service providers listed in Anovi's published sub-processor list, solely to the extent necessary to operate the App for the User.
(3) Anovi shall not use User-Generated Content to train or fine-tune machine-learning, large-language, or generative-AI models. Where the User actively uses an AI-assisted feature, User-Generated Content may be processed for that feature solely to provide the requested App functionality, as set out in these Terms and the Privacy Policy. User-Generated Content is not displayed to other users and is not used for marketing.
(4) The licence may be revoked for the future by the User through content deletion or account deletion, subject to retention exceptions set out in the Privacy Policy.
(5) The User is responsible for ensuring that User-Generated Content submitted through the App does not infringe third-party rights and does not contain unlawful, defamatory, discriminatory, threatening, obscene, sexually explicit, or otherwise unlawful material.
(6) If Anovi enables a future public-display or sharing feature for User-Generated Content, that feature will be introduced in accordance with § 15 and may require additional terms, permissions, or consents.
§ 6.3 Reservation of Rights
(1) All intellectual property rights in and to the App, its content, technology, design, software, recipe catalogue, images, text, user interface, trademarks, trade names, logos, recommendation logic, scoring systems, algorithms, databases, compilations, and other protected materials are owned by Anovi or its licensors, unless expressly indicated otherwise.
(2) Without limitation, Anovi reserves all rights in its recipe catalogue, recipe descriptions, instructions, chef notes, serving suggestions, recipe images, nutrition and wellness compilations, scoring systems, recommendation logic, bio-insights, badges, allergen indicators, satiety scores, user interface, visual layouts, in-app guidance, policies, disclaimers, and other App content, in each case to the extent protected by applicable law, including copyright, database rights, trade secret law, trademark law, design law, and unfair competition law.
(3) Anovi also reserves all rights in improvements, updates, bug fixes, new features, derivative works, and other developments relating to the App, whether developed by Anovi, its contractors, or based on User feedback, unless mandatory law provides otherwise.
(4) No rights are granted to the User except as expressly set out in these Terms.
§ 6.4 Editorial Review Exception
(1) As a narrow exception to § 6.1 and § 6.6, Anovi permits bona-fide journalists, food bloggers, and editorial reviewers to use limited screenshots or short excerpts of App content for genuine editorial review of the App, provided that:
(a) the use is limited to what is reasonably necessary for the review and, except to the extent permitted by mandatory law, does not reproduce full recipes, full ingredient lists, full cooking instructions, substantial parts of the recipe catalogue, or substantial parts of Anovi's nutrition or wellness compilations;
(b) the use includes clear attribution to Anovi, such as "Content via the Anovi app", and, in digital formats, a link to the Anovi website or the relevant App Store page where reasonably possible;
(c) the content is not modified in a misleading way, including by altering nutrition values, wellness scores, allergen indicators, or bio-insights text; and
(d) the use is not primarily intended to extract, republish, aggregate, or commercially exploit Anovi's recipe catalogue, nutrition data, wellness logic, or other protected App content.
(2) Anovi may withdraw this permission for future use by written notice where a use exceeds this section or harms Anovi's legitimate interests.
(3) Any use that falls outside the conditions of this section is subject to § 6.6 and § 6.7.
§ 6.5 Third-Party Source Attributions
(1) Anovi's nutrition and wellness information may incorporate or be derived from third-party and public sources, including CIQUAL 2020 (ANSES, France, under the Etalab 2.0 open licence), USDA FoodData Central (United States), reference values from the European Food Safety Authority (EFSA), and EU Regulations 1169/2011, 1924/2006, and 432/2012, to the extent used in the App. Attribution to these sources is provided in the in-app guide entry "Where our nutrition data comes from" and/or in other appropriate locations within the App.
(2) These attributions credit the underlying sources. They do not waive, limit, or modify Anovi's rights in its own selection, curation, normalisation, computation, scoring, arrangement, presentation, and compilation of data, or in other protected App content.
§ 6.6 Explicit Prohibitions
(1) The User shall not, whether manually, automatically, or through third parties, without Anovi's prior written permission and except to the extent permitted by mandatory law:
(a) copy, reproduce, republish, distribute, display, transmit, make available, or otherwise exploit App content, including recipes, ingredient lists, instructions, recipe images, nutrition data, wellness scores, bio-insights, badges, allergen indicators, meal plans, or other App outputs, beyond private personal use within the App and the editorial-review exception in § 6.4;
(b) scrape, crawl, harvest, index, data-mine, cache beyond technically necessary or platform-default caching, or systematically access content served through the App, its APIs, or related endpoints, including through bots, scripts, headless browsers, proxy networks, third-party aggregators, or API abuse;
(c) extract, re-utilise, republish, or make available a substantial part of Anovi's recipe catalogue, nutrition compilation, wellness-scoring compilation, bio-insights compilation, or other protected database, or repeatedly and systematically extract or re-utilise insubstantial parts in a way that conflicts with Anovi's normal exploitation of the database or unreasonably prejudices Anovi's legitimate interests;
(d) reverse engineer, decompile, disassemble, translate, adapt, or otherwise attempt to derive source code, algorithms, scoring formulas, rule definitions, thresholds, or trade secrets from the App, its clients, APIs, responses, or other components, except to the extent permitted by mandatory law, including §§ 69d and 69e UrhG;
(e) use App content, data, outputs, images, or text to train, fine-tune, evaluate, benchmark, develop, or operate machine-learning models, large-language models, generative-AI systems, embedding models, classifiers, rankers, or other AI or ML systems;
(f) frame, mirror, clone, embed, iframe, overlay, or otherwise incorporate the App, App screens, substantial visual elements, or Anovi content into another product, website, browser extension, or service;
(g) create derivative works, alternative user interfaces, custom clients, wrapper apps, or competing products based on or using Anovi content, algorithms, outputs, or data derived from the App;
(h) remove, obscure, modify, tamper with, or override copyright notices, attributions, disclaimers, watermarks, source credits, IP notices, or technical protection measures embedded in or accompanying Anovi content;
(i) redistribute, sell, sublicense, lease, rent, commercially exploit, or make available to third parties any content, data, output, image, credential, authenticated session, or access to the App;
(j) share login credentials, resell access, allow third-party access to an account, or use an account registered to another person or entity;
(k) circumvent, bypass, disable, or interfere with rate limits, authentication mechanisms, authorisation checks, technical protection measures, security features, or content-filtering systems; probe, scan, or test the vulnerability of Anovi systems; or access data, accounts, systems, or networks that the User is not authorised to access; or
(l) use the App to develop, test, benchmark, market-research, or inform the development of a competing product or service, including a recipe app, nutrition app, meal-planning app, wellness-scoring app, or substantially similar product.
§ 6.7 Breach and Enforcement
(1) In the event of a violation of § 6.6 or any other material provision of these Terms, Anovi may, where reasonably necessary, suspend or terminate the User's account, revoke the licence granted under § 6.1, block access to the App, and refuse future service in accordance with § 7. This is subject to mandatory consumer rights and the rules of the relevant Distribution Platform.
(2) Anovi reserves all statutory and contractual rights and remedies, including claims for injunctive relief, removal, information, damages, and reimbursement of necessary legal-enforcement costs where available under applicable law.
(3) Anovi may use technical and organisational measures to protect the App, detect misuse, and respond to suspected violations, including rate limiting, anomaly detection, request-pattern analysis, and audit logging. Further information on related data processing is set out in the Privacy Policy.
(4) Mandatory consumer rights of the User, including liability for harm to life, body, or health under § 309 No. 7 lit. a) BGB and rights under the Product Liability Act, are not limited by this section. Further provisions on liability are set out in § 12.
§ 7 Term and Termination
(1) The User Agreement is concluded for an indefinite period. Either the User or Anovi may terminate the User Agreement at any time with fourteen (14) days' notice in text form, including by email or by deletion of the User's account in accordance with § 4 Abs. (4). Anovi's ordinary termination of the User Agreement does not affect an active paid Pro subscription during its paid subscription period, unless termination is based on cause, legal requirements, misuse, or another reason permitted under these Terms or applicable law.
(2) Pro subscriptions are concluded for an initial term of one (1) month or one (1) year, as selected by the User. After the initial term, the Pro subscription renews automatically for an indefinite period unless cancelled before the end of the then-current subscription period. After renewal, the User may cancel the Pro subscription at any time with effect no later than one (1) month after cancellation, subject to the technical subscription-management rules of the relevant Distribution Platform.
(3) The technical management, cancellation process, billing status, and any platform-specific grace periods are handled by the relevant Distribution Platform, subject to mandatory consumer protection law. The User can access the Distribution Platform's subscription management through the in-app "Manage Subscription" link in the User's profile settings.
(4) The right of either party to extraordinary termination for cause (§ 314 BGB) remains unaffected. In the event of the User's death, the User's heirs may exercise the rights under this section.
(5) Upon termination of the User Agreement, the User's access to the App ends. Upon cancellation of a Pro subscription, access to Pro features continues until the end of the paid subscription period, unless the subscription is terminated earlier for cause or as required by law. The User's content and account data are handled in accordance with § 4 Abs. (4), § 6.2 Abs. (4), and the Privacy Policy. Refunds, where applicable, are governed by § 8 and the User's withdrawal right is set out in § 13.
§ 8 Payment of Fees
(1) Pricing for Pro subscriptions is displayed within the relevant App Store at the time of purchase. Prices displayed include statutory VAT where applicable.
(2) Payment for Pro subscriptions is processed exclusively through the relevant Distribution Platform (in-app purchase via Apple App Store or Google Play Billing). The relevant Distribution Platform processes the payment and, where required by applicable law and platform rules, is responsible for collecting and remitting applicable VAT or similar transaction taxes. Contract conclusion and payment-flow mechanics follow the rules of the relevant Distribution Platform (§ 14).
(3) Anovi is registered as a small business within the meaning of § 19 UStG (Kleinunternehmer). Where Anovi itself issues an invoice directly to the User outside a Distribution Platform, no VAT is shown or charged by Anovi pursuant to § 19 UStG. For purchases made through a Distribution Platform, the receipt, invoice, VAT display, and payment documentation are provided in accordance with the rules and systems of the relevant Distribution Platform.
(4) Refunds, payment-failure handling, chargebacks, and grace periods are governed by the rules of the relevant Distribution Platform, subject to mandatory consumer protection law. The User's right of withdrawal is set out in § 13. If a payment is reversed or cannot be collected by the Distribution Platform, the User's access to Pro features may be restricted in accordance with § 7.
§ 9 Changes to Fees
(1) Anovi may change the fees applicable to Pro subscriptions from time to time. Price changes do not affect the User's current paid subscription period and become effective only for a future renewal or billing cycle, in accordance with the rules of the relevant Distribution Platform.
(2) Where the fee for a Pro subscription is increased, the User will be informed before the increase takes effect, either by Anovi or by the relevant Distribution Platform, in accordance with applicable law and the rules of the relevant Distribution Platform.
(3) If the relevant Distribution Platform requires the User's consent to a price increase, the changed fee applies only if the User gives the required consent. Otherwise, the User may cancel the Pro subscription in accordance with § 7 before the changed fee applies. Price decreases may take effect without prior notice or consent, in accordance with the rules of the relevant Distribution Platform.
§ 10 Service Changes, Interruptions, and Discontinuation
(1) Anovi may, from time to time, modify, update, add, remove, or replace features, functions, or content of the App, in order to maintain conformity, improve the service, comply with applicable law, address security or technical needs, respond to changes in third-party service providers, or for other legitimate reasons. Non-material changes that do not negatively affect the User may be made without prior notice.
(2) Where a change to Anovi Free or Anovi Pro materially and negatively affects the User's access to or use of the App, Anovi will notify the User on a durable medium, such as by email, at least thirty (30) days before the change takes effect, except where a shorter period is necessary to address a security, legal, or regulatory requirement. The notice will identify the nature and timing of the change and the User's rights. The User may terminate the affected User Agreement or Pro subscription free of charge with effect from the effective date of the change. Where the User has paid in advance for a future period that is materially affected by the change, the User is entitled to a pro-rata refund for the unused portion in accordance with mandatory consumer protection law and the rules of the relevant Distribution Platform.
(3) Anovi endeavours to provide the App as reliably as possible. However, uninterrupted availability is not guaranteed. Temporary interruptions may occur due to maintenance, updates, security measures, technical faults, third-party provider issues, or events outside Anovi's reasonable control.
(4) Anovi may discontinue the App or significant parts of it, subject to mandatory consumer protection law. Where Anovi intends to discontinue the App or a Pro feature material to the User's subscription, Anovi will notify the User on a durable medium, such as by email, at least thirty (30) days before the discontinuation takes effect, except where a shorter period is necessary to address a security, legal, or regulatory requirement. The User may terminate the affected subscription free of charge. Where the User has paid in advance for a future period affected by the discontinuation, refund handling follows § 8, the rules of the relevant Distribution Platform, and applicable consumer protection law.
§ 11 Warranty for Defects and Update Obligation
(1) Anovi provides the App with the statutory warranty for defects applicable to digital products under § 327d et seq. BGB. Where the App is not in conformity with the contract, the User may exercise the statutory remedies on the conditions set out in § 327i and the following provisions.
(2) Anovi will provide and inform the User about updates, including security updates, that are necessary to maintain the conformity of the App for the duration of the User Agreement, in accordance with § 327f BGB. Updates may be required as a condition of continued use of the App. If the User fails to install an update within a reasonable time after being informed of its availability and the consequences of not installing it, this may limit Anovi's responsibility for resulting conformity issues, subject to mandatory consumer protection law.
(3) The full use of the App requires compatible devices, operating systems, internet access, and, where applicable, enabled permissions such as camera access for barcode scanning. Use of outdated devices, operating systems, disabled permissions, or unavailable network connections may limit or prevent the use of certain functions.
(4) The personalised content provided through the App, including nutritional values, wellness scores, allergen indicators, weight projections, and other informational outputs, is informational and advisory in nature, as further described in § 3. Subject to mandatory consumer protection law and the agreed characteristics of the App, the User has no claim to the availability of any specific recipe, recommendation, or content, as set out in § 5 Abs. (5).
(5) Mandatory rights of the User under applicable consumer protection law, including liability under § 309 Nr. 7 lit. a) BGB and the Product Liability Act (Produkthaftungsgesetz), are not limited by this section. Further provisions on liability are set out in § 12.
§ 12 Liability and Indemnification
(1) Anovi is liable without limitation for damages arising from injury to life, body, or health caused by negligent or intentional conduct, and for other damages caused by intent or gross negligence. The limitations of liability in this section apply equally in favour of Anovi's legal representatives and persons engaged by Anovi to perform its obligations where claims are made directly against them.
(2) For damages caused by simple negligence in the breach of an essential contractual duty (Kardinalpflicht), Anovi's liability is limited to the foreseeable damages typical for contracts of this type. Essential contractual duties are those whose fulfilment is necessary for the proper performance of the User Agreement and on whose observance the User regularly relies.
(3) Liability under the Product Liability Act (Produkthaftungsgesetz) and any other mandatory statutory liability remains unaffected.
(4) The User shall be liable to Anovi for damages arising from a culpable breach by the User of these Terms or applicable law, including a breach of the credential-security obligations in § 4 Abs. (3) and the prohibitions in § 6.
(5) The User shall indemnify Anovi against third-party claims, including reasonable and necessary legal defence costs, arising from the User's culpable breach of these Terms, the User's culpable violation of applicable law in connection with the use of the App, or unlawful User-Generated Content submitted by the User, except to the extent the User is not responsible for the breach or violation. Anovi will inform the User without undue delay of any such claim and will not acknowledge or settle the claim without taking the User's legitimate interests into account.
§ 13 Right of Withdrawal
(1) Where the User is a consumer within the meaning of § 13 BGB, the User may have a statutory right of withdrawal in respect of contracts concluded with Anovi. For Pro subscriptions purchased through a Distribution Platform, withdrawal, cancellation, refund, and payment handling may be carried out through the relevant Distribution Platform in accordance with its rules and mandatory consumer protection law. The right of withdrawal applies in addition to and not in place of the User's right to terminate or cancel under § 7.
(2) Where the User exercises a statutory right of withdrawal against Anovi directly, the following withdrawal notice applies:
Withdrawal Notice
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Pragathi Jayaram, Anovi Wellness, Karlsruher Straße 32, 70771 Leinfelden-Echterdingen, Germany; email: hello@anoviwellness.com) by means of a clear statement, for example a letter sent by post or email, of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not required.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will repay all payments received from you without undue delay, and no later than fourteen (14) days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly otherwise agreed with you; in no case will you be charged fees for this repayment.
(3) For digital content and digital services provided by Anovi, the User's right of withdrawal may expire if Anovi has begun performance of the contract after the User has expressly consented to performance beginning before the end of the withdrawal period and has acknowledged that the User loses the right of withdrawal by such consent, in accordance with applicable law. For Pro subscriptions purchased through a Distribution Platform, any consent, acknowledgement, withdrawal, or refund process is handled in accordance with the rules and systems of the relevant Distribution Platform, subject to mandatory consumer protection law.
Annex to § 13: Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
— To: Pragathi Jayaram, Anovi Wellness, Karlsruher Straße 32, 70771 Leinfelden-Echterdingen, Germany; email: hello@anoviwellness.com
— I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*):
— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Email address registered with Anovi:
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
(*) Delete as appropriate.
§ 14 Platform Terms
(1) In addition to these Terms, the terms of the relevant Distribution Platform through which the User obtained the App may apply, in particular to download, installation, in-app purchases, payment processing, subscription management, refunds, cancellation, and platform-specific functionality.
(2) Where the App is obtained through the Apple App Store, the User's licence to use the App is also subject to Apple's Licensed Application End User Licence Agreement (the "Apple Standard EULA"). These Terms supplement the Apple Standard EULA and do not replace it; where these Terms and the Apple Standard EULA conflict in relation to App Store distribution, the Apple Standard EULA prevails to the extent required by Apple. Apple Inc. is not a party to these Terms or to the contract between the User and Anovi, and Anovi alone is responsible for the App and its content. The User must comply with applicable third-party terms when using the App. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against the User as third-party beneficiaries.
(3) Where the App is obtained through Google Play, the Google Play Terms of Service apply to the User's use of Google Play. The distribution of the App through Google Play is also subject to applicable Google Play policies.
(4) Unless expressly enabled by Anovi through the relevant Distribution Platform, Pro subscriptions are not eligible for Apple Family Sharing or equivalent Google Play family-sharing features. In the event of a conflict between these Terms and the terms of the relevant Distribution Platform regarding download, installation, payment processing, subscription management, refunds, cancellation, or platform-specific functionality, the terms of the relevant Distribution Platform prevail for those matters. Mandatory consumer protection law remains unaffected.
§ 15 Changes to These Terms
(1) Anovi may amend these Terms from time to time, for valid reasons including changes in applicable law, regulatory requirements, technological developments, changes in the services or features offered, changes in third-party services, security or operational requirements, or other objectively justified reasons that were not reasonably foreseeable when these Terms were agreed and that do not unreasonably disadvantage the User. This section does not apply to (a) changes to Pro pricing, which are governed by § 9, or (b) changes to the App's features or content, which are governed by § 10.
(2) Anovi will notify the User of changes to these Terms on a durable medium, such as by email, and through an in-app notice, at least thirty (30) days before the changes take effect, except where a shorter period is necessary to address a security, legal, or regulatory requirement. The notice will identify the changes, the intended effective date, and the User's right to object.
(3) If the User does not object to the changes within thirty (30) days of receipt of the notice, the changes are deemed accepted and take effect on the date stated in the notice, provided that Anovi has specifically informed the User in the notice of the objection right, the objection period, and the consequences of not objecting.
(4) If the User objects to the changes within the thirty (30)-day period, the changes do not take effect for the User. The User Agreement continues under the existing Terms until either party terminates in accordance with § 7. Mandatory consumer protection law remains unaffected.
§ 16 Final Provisions
(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not deprive a User who is a consumer of the protection afforded by mandatory provisions of the law of the country in which the User has their habitual residence.
(2) If the User is a merchant, a legal person under public law, or a special fund under public law, the courts of Stuttgart, Germany have jurisdiction for disputes arising from or in connection with these Terms. A consumer's statutory place of jurisdiction remains unaffected.
(3) These Terms are provided in English and German. For consumers habitually resident in Germany, the German version is authoritative. For all other Users, the English version is authoritative, unless mandatory consumer protection law provides otherwise.
(4) If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid or unenforceable provision is replaced by the applicable statutory rule.
(5) Sections that by their nature are intended to survive termination, including §§ 6, 11, 12, and 16, continue to apply after termination of the User Agreement.
(6) Information on the processing of personal data is set out in the Privacy Policy.