Terms of Service

2.0 • Effective date: 13 July 2026

1. Parties & Scope

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

1.2 The Service is provided by:

mhdapp
Lorik Sadiku (Sole Proprietorship)
Am Leonhardspark 3
90439 Nürnberg, Germany
E-mail: info@mhdapp.com

(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 access to the Service. "Content" – all data you upload, enter, create or store (e.g. product lists, notes). "Workplace" – the operational unit to which accounts, lists and products are assigned; billing is per workplace. "Trial" – the 30-day free trial of the full feature set. "Subscription" – the paid plan per workplace (EUR 39.00 net/month or EUR 351.00 net/year). "Billing Period" – the recurring period (monthly or annual) for which subscription fees are charged. "Applicable Law" – German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

3. Eligibility

3.1 The Service is directed <strong>exclusively at businesses</strong> (Unternehmer within the meaning of § 14 BGB), i.e. natural or legal persons acting in the exercise of their commercial or self-employed professional activity (e.g. hotels, restaurants, retail). 3.2 Contracts with consumers (§ 13 BGB) are excluded. By registering you confirm that you are acting as a business. 3.3 If you act on behalf of an organisation, you warrant that you are authorised 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 and Fees

5.1 There is one paid plan. Current prices, limits and features can be viewed in the app. 5.2 <strong>All prices are net and exclusive of the applicable statutory VAT.</strong> Billing is per workplace. 5.3 Payments are processed by Stripe Payments Europe. Subscription fees are charged at the start of each billing period. 5.4 If you add another workplace, the fee increases accordingly; pro-rata amounts are charged. 5.5 Cancellation: the subscription remains active until the end of the current billing period. No refunds are given for partial periods unless mandatory law requires otherwise. 5.6 We announce price or plan changes at least 30 days in advance; you may cancel before they take effect.

6. No right of withdrawal (B2B)

6.1 The Service is directed exclusively at businesses (see section 3). A statutory consumer right of withdrawal under §§ 312g, 355 BGB therefore does not apply. 6.2 Before entering into a paid subscription you can trial the Service free of charge and without obligation for 30 days.

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 endeavour to keep the Service highly available but do not owe any specific availability quota. Maintenance, updates, upstream provider incidents or force majeure may cause downtime. Planned maintenance is, where possible, performed outside usual business hours. 10.2 Critical security patches may be deployed without prior notice. 10.3 Support is provided by e-mail (support@mhdapp.com), normally on business days. No specific response or resolution time is owed.

11. Third-Party Integrations

11.1 The Service relies on third-party services (Open Food Facts API for barcode lookups, Stripe for payments, Brevo for sending e-mails, Hetzner for hosting). 11.2 We are liable for outages or disruptions of these third-party services only as set out in section 15. We give no warranty for the content or availability of third-party offerings that do not form part of our performance; product data from Open Food Facts comes from an open, community-maintained database and may be incomplete or incorrect.

12. Data Protection & Cookies

12.1 The processing of personal data is described in our privacy policy (https://mhdapp.com/privacy-policy). 12.2 We use only technically necessary cookies and — with your prior consent — preference cookies. We use no analytics or marketing cookies, and no third-party tracking services are embedded. 12.3 Where we process your employees' personal data on your behalf, we conclude a data processing agreement with you pursuant to Art. 28 GDPR.

13. Security

13.1 We apply protective measures in line with the state of the art: all traffic over TLS/HTTPS, passwords stored exclusively as bcrypt hashes, AES-256 encrypted backups, role-based access control per workplace, and a database that is not reachable from the internet. The full technical and organisational measures — including the known limitations — are disclosed in Annex III of the Data Processing Agreement (https://mhdapp.com/avv). 13.2 You must use up-to-date browsers/devices and keep your credentials secure.

14. Disclaimer of Warranties

14.1 We provide the Service in its current version. The Service is continuously developed further; there is no entitlement to the retention of individual features. 14.2 Strict liability for defects existing at the time the contract was concluded (§ 536a(1) alt. 1 BGB) is excluded. Otherwise, the statutory remedies for defects apply; the liability provisions in section 15 remain unaffected. 14.3 The Service does not replace your own responsibility for compliance with food-safety and hygiene obligations (in particular HACCP). You are responsible for the accuracy of the data you enter.

15. Limitation of Liability

15.1 We are liable without limitation for intent, gross negligence and for injury to life, body or health. 15.2 In cases of slight negligence we are liable only for breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract. 15.3 Liability under the German Product Liability Act, for fraudulent concealment of a defect, and under any guarantee given remains unaffected. 15.4 Liability for indirect damage, lost profits and data loss is limited, within the scope of section 15.2, to the foreseeable damage typical for this type of contract. In the event of data loss, liability is limited to the effort that would have been required to restore the data had you performed proper and regular back-ups. Sections 15.1 and 15.3 remain unaffected.

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 In the event of a material breach we may suspend or terminate your account after notice. 17.2 Upon termination taking effect, your right of use ends. You can export your content yourself (Excel) until the end of the contract; thereafter we delete it within 30 days, unless statutory retention obligations apply (in particular § 257 HGB, § 147 AO for accounting records). For personal data, the Data Processing Agreement applies in addition (https://mhdapp.com/avv).

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 30 days before the changes take effect, in text form (e-mail and in-app notice), expressly drawing your attention to your right to object and the consequences. If you do not object before the changes take effect, they are deemed accepted. If you object, we may terminate the contract with ordinary notice as at the date the changes take effect; until then, the previous Terms continue to apply.

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 German law applies, excluding conflict-of-laws rules and the UN CISG. 21.2 The exclusive place of jurisdiction for all disputes arising from this contract is Nuremberg, provided you are a merchant, a legal entity under public law or a special fund under public law, or have no general place of jurisdiction in Germany. 21.3 The obligations under § 312i(1) sentence 1 nos. 1–3 and sentence 2 BGB do not apply (§ 312i(2) sentence 2 BGB). § 312j BGB does not apply, as the Service is directed exclusively at businesses.

22. Dispute resolution

The Service is directed exclusively at businesses. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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

General enquiries and contractual notices (e.g. termination): info@mhdapp.com Data protection enquiries: datenschutz@mhdapp.com Postal address: see section 1.2.

2.0 • Effective date: 13 July 2026