Terms and Conditions (T&C)
for the mobile application “Yammmi”
Version / Last update: 20 April 2025 (rev. 1)
1. Scope & Subject Matter
- These Terms and Conditions govern the contractual relationship between Wapps GmbH, Dr. Wilhelm‑Lechner‑Straße 5, 4591 Molln, Austria (hereinafter “Provider”, “we”, “us”) and the users (“User”, “you”) of the mobile application “Yammmi” (“App”).
- The App provides a AI‑powered calorie‑tracking platform in which meals are recorded by analysing 1–2 photos. Additional features (e.g. nutrition plans) may be added in the future.
- Deviating terms of the User shall not apply unless expressly agreed in writing by the Provider.
2. Conclusion of Contract & User Account
- By installing the App and completing registration, you submit an offer to conclude a user agreement. The contract is formed once the Provider activates your account.
- Minimum age is 16 years or parental/guardian consent in accordance with Art. 8 para. 1 GDPR.
- Access credentials must be kept confidential; sharing or transferring your account or credentials to third parties is prohibited.
- You are liable for all activities conducted through your account and must notify us immediately if you suspect misuse.
3. Services of the App
- Photo Upload & AI Analysis – You upload 1 food picture; an AI model (external Cloud Server) estimates calories and nutrients.
- Storage – Results are stored in a database hosted on AWS eu‑central‑1 (Frankfurt).
- Community & Sharing – You may voluntarily share meals anonymously on social networks.
- The Provider aims for 98 % average annual availability but reserves maintenance downtime.
- AI Accuracy & Guidance Only
- AI nutrition estimates may contain errors or deviations.
- The information is provided for orientation only and does not replace professional dietary or medical advice.
- No warranty, refund, or liability is accepted for erroneous or misleading results.
- Purpose Limitation – The App may only be used to upload and analyse photos of food; uploading other content or using results for automated decisions with legal effect is prohibited.
4. User Obligations
- Upload only images for which you hold the necessary rights and which do not infringe third‑party rights.
- Do not post unlawful, harmful, or discriminatory content.
- Use the App solely for the purpose stated in § 3 (6).
- Refrain from sharing access data or sublicensing the service.
5. Subscriptions & In‑App Purchases
- Basic membership is free. Extended features are available via paid subscriptions.
- Payments are processed as In‑App Purchases through the Apple App Store or Google Play Store; the Apple Standard EULA also applies: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
- RevenueCat acts as external payment and subscription manager.
- Prices include applicable VAT and are displayed in the App.
- No Refund for AI Errors – Faulty or inaccurate AI outputs do not constitute a defect in the digital service and do not entitle you to price reduction, compensation, or refund.
6. Term, Renewal, Cancellation
- Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period in the respective App‑Store settings.
- The statutory right of withdrawal remains unaffected and is communicated during the purchase flow.
- We may terminate for cause (e.g. severe breach of § 4) without notice.
- Service Discontinuation – We reserve the right to discontinue the App or individual features at any time without stating reasons. Fees already paid for the unused period will be refunded pro rata; further claims are excluded.
- We may suspend or delete user accounts in case of suspected violations of law, these T&C, or legitimate interests of the Provider. No right to reinstatement exists.
7. Rights to Content
- You grant us a non‑exclusive, worldwide, royalty‑free licence to process uploaded photos solely for the purposes of AI analysis and App functionality.
- For community or social‑sharing features, you grant a revocable licence to display the content within the App and on external platforms, only after explicit activation.
- You warrant that you have all necessary rights to grant these licences.
8. Liability
- We are liable without limitation for intent and gross negligence, and for injury to life, body, or health.
- For slight negligence we are liable only for breach of essential contractual duties (cardinal obligations) and limited to typical foreseeable damage.
- Exclusion for AI Results – To the extent permitted by law, we disclaim liability for damage arising directly or indirectly from incorrect, incomplete, or delayed AI analyses.
9. Availability & Downtime
- The service is provided as Software as a Service. Planned maintenance or unplanned outages may impair usage.
- Downtime, delays, or performance issues do not entitle the User to reduction, damages, or rescission unless caused intentionally or by gross negligence of the Provider.
10. Amendments to the T&C
- We may amend these T&C for valid reasons (e.g. legal changes).
- You will be informed via e‑mail; amendments are deemed accepted unless you object within 30 days.
11. Communication
- We may use the e‑mail address in your profile to inform you about essential updates, security notices, changes to T&C / Privacy Policy, and new App features.
- Marketing e‑mails or newsletters are sent only with your prior consent (opt‑in) and include an unsubscribe link.
12. Data Deletion by the Provider
- The Provider may delete data or content at any time without stating reasons, unless statutory retention duties apply.
- This includes deletion due to storage optimisation, violation of § 4, or prolonged inactivity.
13. Final Provisions
- Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Exclusive jurisdiction is Steyr, Austria, where legally permissible.
- Should individual clauses be or become invalid, the validity of the remaining provisions shall remain unaffected.
Privacy Policy
for the mobile application “Yammmi”
Version / Last update: 20 April 2025 (rev. 1)
1. Controller
Wapps GmbH
Dr. Wilhelm‑Lechner‑Straße 5, 4591 Molln, Austria
E‑mail: hello@yammmi.com
2. Data Protection Officer
We are currently not obliged to appoint a Data Protection Officer. For privacy enquiries please contact the address above.
3. Categories of Data & Purposes
| Category | Purpose | Legal Basis (GDPR) | Retention |
|---|---|---|---|
| Account data (name, e‑mail, auth token) | Registration, login, contract performance | Art 6 (1)(b) | Until account deletion + 6 months |
| Food photos | AI calorie & nutrient estimation | Art 6 (1)(b); Art 9 (2)(a) (explicit consent – potential health data) | Until user deletion or max 2 years |
| Analysis results | Diary, statistics display | Art 6 (1)(b) | Until account deletion + 6 months |
| Payment & subscription info | Handling in‑app purchases via RevenueCat | Art 6 (1)(b) | Fiscal / commercial retention (7–10 years) |
| Advertising IDs, device info | Marketing attribution via AppsFlyer, TikTok Ads | Art 6 (1)(a) (consent) | Until withdrawal or max 13 months |
| Usage & crash data | App optimisation, debugging | Art 6 (1)(f) (legitimate interest) | 12 months |
Explicit Consent for Health Data
When uploading the first photo we request your explicit consent (Art 9 (2)(a) GDPR) to process potential health data. You can withdraw consent at any time in the settings.
4. Recipients / Processors
| Service | Location | Role | Safeguards |
|---|---|---|---|
| Supabase Inc. | Frankfurt (EU‑Central‑1) | Hosting & database | Data Processing Agreement; EU servers |
| Google Cloud / Vertex AI | EU region (Belgium) | AI inference | Standard Contractual Clauses (SCCs) + EU region |
| RevenueCat Inc. | USA | Payment & subscription management | SCCs; EU hosting of payment metadata |
| AppsFlyer Ltd. | Israel / EU | Marketing & attribution | Adequacy decision (Israel) + SCCs |
| Apple Inc. / Google LLC | USA / EU | App‑store purchases | SCCs; EU servers for billing data |
| Sentry Inc. | Frankfurt, Germany (Google Cloud europe-west3) | Error & performance monitoring | Processor; data stored at rest in the EU; Standard Contractual Clauses (SCCs) per Sentry DPA v5.1 (29 May 2024) |
5. International Transfers
If a provider transfers data to countries without an adequacy decision, we rely on EU Standard Contractual Clauses and utilise additional safeguards (encryption, pseudonymisation).
6. Tracking & Marketing
- On first launch we request your consent for collection of Advertising IDs via AppsFlyer. Without consent, no marketing tracking occurs.
- Consent can be changed in App settings or device settings (iOS App Tracking Transparency, Android Ad Opt‑out).
7. Push Messages & E‑Mail
- Transactional notifications (e.g. tracking reminders) rely on Art 6 (1)(b) GDPR.
- Product updates & newsletters are sent only with your consent (Art 6 (1)(a)); each e‑mail contains an unsubscribe link.
8. Automated Decision‑Making
Calorie and nutrient estimation is fully automated. No legally significant decisions are taken. AI results may be erroneous; please review them critically.
9. Data Subject Rights
You have the right to access, rectification, erasure, restriction, data portability, objection, and withdrawal of consent. Contact hello@yammmi.com.
10. Right to Complain
You may lodge a complaint with the supervisory authority:
Austrian Data Protection Authority, Barichgasse 40‑42, 1030 Vienna, https://www.dsb.gv.at.
11. Data Security
We implement appropriate technical and organisational measures (TLS 1.3, AES‑256, zero‑trust policy) in accordance with Art 32 GDPR.
12. Erasure & Service Discontinuation
Upon service discontinuation (§ 6 T&C) or if data is no longer required, personal data will be deleted or anonymised, subject to statutory retention periods.
13. Changes to this Policy
We may amend this Privacy Policy; changes will be displayed in the App or communicated via e‑mail.