Terms of Service

1.0 • Effective date: 30 June 2025

1. Parties & Scope

1.1 These Terms of Service ("Terms") govern access to and use of the web and mobile application "MHD App" (the "Service").

1.2 The Service is provided by:

Trendafyl
Lorik Sadiku (Sole Proprietorship)
Wilhelm-Löhe-Straße 4
90443 Nürnberg, Germany

(Provider, we, us)

1.3 By creating an account, subscribing, or otherwise using the Service you ("User", "you") accept these Terms.

2. Definitions

"Account" – personal login allowing access to the Service. "Content" – any data you upload, enter, generate or store (e.g. product lists, suppliers, messages). "Free Plan" – functional tier offered at no charge. "Pro Plan / Enterprise Plan" – paid subscription tiers with additional features. "Billing Cycle" – the recurring period (monthly or yearly) for which subscription fees are charged. "Applicable Law" – German law and mandatory EU consumer protection law.

3. Eligibility

3.1 The Service is intended for persons ≥ 16 years (Art. 8 GDPR). 3.2 If you act on behalf of an organisation, you confirm authority to bind it to these Terms.

4. Account Registration & Security

4.1 You must provide accurate information (name, valid e-mail, strong password). 4.2 Keep credentials confidential; you are responsible for activities under your Account. 4.3 We may suspend or delete Accounts that violate these Terms or Applicable Law.

5. Subscription Plans, Fees & In-App Purchases

5.1 Paid plans and their current prices, limits and features are displayed in-app. 5.2 Payments are processed by Stripe Payments Europe. Taxes will be added where required. 5.3 Subscription fees are charged at the start of each Billing Cycle. 5.4 Upgrade: changes take effect immediately; prorated fees are charged. 5.5 Downgrade or cancellation: remains active until the end of the current Billing Cycle. No refunds for partial periods unless required by mandatory law. 5.6 We may change pricing or plans with ≥ 30 days' notice. You may cancel before changes take effect.

6. Right of Withdrawal (EU Consumers)

6.1 If you are a consumer resident in the European Union, you have a 14-day withdrawal right. Digital services begin immediately after purchase; by subscribing you request immediate performance and acknowledge that the withdrawal right expires once full performance has begun.

7. Acceptable Use & Prohibited Conduct

You must NOT: • publish illegal, harmful or infringing Content; • interfere with security, reverse engineer or attempt to access source code; • circumvent plan limits or payment obligations; • transmit malware or perform denial-of-service attacks; • harvest personal data of other users without consent.

8. User Content & Licence

8.1 You retain all rights to your Content. 8.2 You grant us a non-exclusive licence to store, process, back-up and display Content solely to provide the Service. 8.3 You represent that you have all necessary rights to upload the Content.

9. Intellectual Property of the Service

9.1 "MHD App", its code, design, databases and trademarks are owned by the Provider or licensors. 9.2 We grant you a non-exclusive, non-transferable, revocable right to use the Service as provided.

10. Service Availability & Support

10.1 We aim for ≥ 99 % monthly uptime but planned maintenance, updates or force majeure may cause downtime. 10.2 Critical security patches may be deployed without notice. 10.3 Support is provided via in-app ticket or e-mail within business hours (CET).

11. Third-Party Integrations

11.1 The Service interacts with third parties (e.g. Open Food Facts API, Stripe, Amazon SES, Plausible). 11.2 We are not liable for outages or data loss caused by those services.

12. Data Protection & Cookies

12.1 Processing of personal data is described in our Privacy Policy (https://mhdapp.com/privacy-policy). 12.2 Only strictly necessary cookies are set by default; optional cookies require prior consent.

13. Security

13.1 We implement industry-standard safeguards (TLS 1.3, AES-256 at rest, MFA, annual pen-tests). 13.2 You must use up-to-date browsers/devices and protect your login credentials.

14. Disclaimer of Warranties

14.1 The Service is provided "as is" and "as available". 14.2 To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

15. Limitation of Liability

15.1 We are liable without limitation for intent, gross negligence, death or personal injury. 15.2 For slight negligence, we are liable only for breaches of essential contractual duties (Kardinalpflichten) and limited to foreseeable damages typical for the contract. 15.3 Liability under the German Product Liability Act and mandatory consumer rights remains unaffected. 15.4 In no event are we liable for indirect or consequential losses, lost profits, or loss of data beyond statutory requirements.

16. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your breach of these Terms or violation of law or third-party rights.

17. Suspension & Termination

17.1 We may suspend or terminate your Account with notice if you materially breach these Terms. 17.2 Upon termination, your right to use the Service ceases; we will delete or anonymise personal data in line with our retention policy.

18. Changes to Terms

18.1 We may update these Terms for legal, technical or business reasons. 18.2 We will notify you at least 14 days in advance (in-app banner and e-mail). Continued use after the effective date constitutes acceptance.

19. Assignment

We may assign these Terms in case of merger or asset sale. You may not assign your rights without our written consent.

20. Severability

Should any clause be invalid, the remainder of the Terms remains in force; an enforceable provision will be substituted that best reflects the parties' intent.

21. Governing Law & Jurisdiction

21.1 These Terms are governed by German law, excluding conflict-of-laws rules and the UN CISG. 21.2 Exclusive venue is Nürnberg, Germany, if you are a merchant or have no general place of jurisdiction in Germany. 21.3 Mandatory consumer jurisdiction rules remain unaffected.

22. Alternative Dispute Resolution (Consumers)

We are neither obliged nor willing to participate in online dispute resolution before a consumer arbitration board (Verbraucherschlichtungsstelle).

23. Entire Agreement

These Terms, together with the Privacy Policy and plan descriptions, form the entire agreement between you and us and supersede prior arrangements.

24. Contact

Questions? Reach our legal & privacy team: [email protected] or the postal address in Section 1.2.

1.0 • Effective date: 30 June 2025

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