Terms of Service

These Terms govern your use of the Histamino mobile application (the "App") and website, operated by Mediacharge GmbH, Auenstr. 28, 80469 Munich, Germany. By creating an account or using Histamino, you agree to these Terms.

1. Important Medical Disclaimer (Not Medical Advice)

Histamino is an information and self-tracking tool designed to assist you in observing your diet and lifestyle.

• Not a Medical Device: Histamino does not provide medical advice, diagnosis, or treatment, nor does it detect medical emergencies.
• Consult a Professional: Histamino does not replace a doctor or dietitian. You are solely responsible for any health or dietary decisions you make. Always consult a healthcare professional before making changes.
• Individual Tolerance: Food and recipe ratings in the App are based on general research. Histamine tolerance is highly individual; our ratings are starting points, not personal medical recommendations.

2. Eligibility & Minors

• Age Requirement: If you are under 16 (or under the legal age of digital consent in your jurisdiction), you may only use the App under the direct supervision of a parent or legal guardian.
• Parental Consent: By allowing a minor to use the App, the parent or guardian accepts these Terms, explicitly consents to the processing of the minor's health data as outlined in our Privacy Policy, and takes full responsibility for the minor's use of the App.

3. Accounts, AI, & Integrations

• Passwordless Sign-In: You access your account via a secure email link or code. You are responsible for keeping your email account secure.
• AI & Automated Features: Features like voice logging, label reading, and dish recognition rely on AI models. These models do not evaluate your health and can make mistakes. You must verify all automated entries before saving them.
• Apple Health: If enabled, Histamino reads specific data locally to enrich your journal. We never write data back to Apple Health.

4. User-Generated Content & Community Rules

When submitting ratings, comments, photos, or new food suggestions ("User Content"):

• License: You grant Histamino a worldwide, royalty-free, non-exclusive license to display and use this content within the App.
• Restrictions: You may not post medical claims, spam, abusive language, or copyrighted photos you don't own.
• Moderation: We reserve the right to remove non-compliant content and suspend accounts without notice.

5. Histamino Pro & Apple App Store Terms

Histamino offers an optional "Pro" subscription for premium features like our video course.

• Apple In-App Purchases: Subscriptions are billed through your Apple Account. Auto-renewal, cancellations, and refunds are governed entirely by Apple Media Services Terms. You must cancel via your Apple Account settings.
• EU Right of Withdrawal: For EU consumers purchasing digital content via Apple, your statutory right of withdrawal (Widerrufsrecht) is handled by Apple.
• App Store Required Terms: Apple is not responsible for furnishing maintenance or support for Histamino. However, Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.

6. Limitation of Liability

• For Users in Germany/EU: We are fully liable for damages caused by intent or gross negligence, and for injury to life, body, or health. For slight negligence, we are liable only for the breach of essential contractual obligations (cardinal duties), limited to foreseeable, typical damages.
• For Users in the US & Rest of World: The App is provided "AS IS." To the maximum extent permitted by law, Histamino is not liable for indirect, incidental, or consequential damages (including health issues, data loss, or profit loss) resulting from your use of the App.

7. Governing Law & Dispute Resolution

• Governing Law: These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, mandatory protections and statutory rights under the law of your country of residence remain unaffected.
• Jurisdiction: Statutory rules on competent courts apply. If you are a merchant, a legal entity under public law, or a special fund under public law, Munich, Germany is the exclusive place of jurisdiction.

Contact Information

Email: info@mediacharge.com