Last updated: August 23, 2026 · Version 1.2
Terms of Service
These terms govern your use of the nærwert app and website between you and the provider identified in the Imprint ("we", "us"). By creating an account you accept these terms.
§1 Scope and contracting party
These terms apply to use of the nærwert iOS app and the websites at naerwert.com and noutrio.de. The contracting party is the provider listed in the Imprint, based in Germany. Diverging or supplementary terms only become part of the contract if we agree to them in writing.
§2 Service description
nærwert is a tool for logging food intake and tracking calorie and macronutrient targets. The app offers a food database, photo and barcode capture, calculations for basal metabolic rate, daily energy needs and macro splits, plus visualisations.
nærwert is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) and does not replace medical, nutritional or dietetic advice. The values displayed are estimates based on established scientific formulas (see Notice & sources).
§3 Contract conclusion and minimum age
The use contract is concluded by registering an account; by registering you accept these terms. Use is restricted to persons aged 16 or older — the birth date given during setup must establish that minimum age. Processing of your health data rests on a separate, explicit consent that you give during registration and can withdraw at any time (see the privacy policy).
§4 Account and security
You must keep your credentials confidential and notify us immediately at hello@naerwert.com if you suspect unauthorised access. You are responsible for all activity carried out via your account. Sharing accounts is not permitted.
§5 Free and paid features
Core features are free of charge. Advanced features can be unlocked via a subscription. Prices, term, any free trial period and renewal conditions are shown before purchase in the app and in the Apple App Store.
§6 Billing via Apple
All paid content is billed via your Apple account. The contracting party for the purchase is Apple Distribution International Ltd. under the Apple Media Services Terms. Charges are made to the payment method stored in your Apple account. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period in your Apple account settings. We never receive card or bank details.
§7 Right of withdrawal and refunds
The contracting party for paid content is Apple (§6); the statutory right of withdrawal is therefore governed by the information and procedures provided by Apple. For digital content within the meaning of §356(5) BGB, the right of withdrawal expires when supply begins immediately with your express consent and your acknowledgement that the right of withdrawal is thereby lost. Refund requests are handled exclusively by Apple (reportaproblem.apple.com). We are unable to issue refunds ourselves.
§8 Health notice (binding)
The values shown for basal metabolic rate, daily needs, macros and individual foods are estimates and may differ from your actual requirements. Consult qualified professionals before changing your diet or exercise — in particular if you have pre-existing conditions, are pregnant or breastfeeding, are still growing, take medication, or suspect an eating disorder. If you notice signs of an eating disorder, contact the free BZgA helpline at bzga-essstoerungen.de or +49 221 892031.
§9 Content and data accuracy
The food database draws on Open Food Facts, the German Bundeslebensmittelschlüssel and brand information. We curate it carefully but make no guarantee as to completeness, currency or accuracy. Always check safety-relevant information (e.g. allergens) on the original label.
§10 Artificial intelligence
Photo analysis is performed by an AI model that estimates foods and nutrition values. These estimates are not guaranteed to be correct. Please verify and adjust the results before saving. Details on data processing are in the Privacy Policy.
§11 User obligations
You agree not to misuse the app, in particular not to:
- tamper with or circumvent the app, its security mechanisms or interfaces,
- impair the service through automated scraping or bulk requests,
- use the app for unlawful purposes or to infringe third-party rights,
- provide false profile data that could lead to unsafe nutrition recommendations.
§12 Intellectual property
The nærwert brand, source code, designs, texts and databases are protected by copyright and trademark law. You receive a simple, non-transferable right to use the app personally under these terms. Content you enter (e.g. custom foods, notes) remains yours; you grant us a simple right to store and display it as needed to provide the service.
§13 Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the mandatory provisions of the German Product Liability Act. For ordinary negligence we are liable only for breach of essential contractual duties (cardinal duties), and only up to foreseeable, contract-typical damages. Beyond that, liability is excluded. The unlimited liability under sentence 1 — in particular for injury to life, body or health — remains unaffected by the foregoing limitations. Please note that the values shown in the app are estimates, and that the verification and professional consultation described in §8 are your own responsibility.
§14 Availability
We aim for high availability but do not owe uninterrupted access. Maintenance windows, outages, force majeure and disruptions caused by third-party providers (in particular Apple, Supabase, Requesty) may occur.
§15 Term and termination
The use relationship runs for an indefinite term. You can end it at any time by deleting your account in the app. We may terminate ordinarily with 30 days' notice. The right to extraordinary termination for cause (e.g. breach of §11) is unaffected. Apple subscriptions exist independently of the use relationship and must be cancelled via your Apple account.
§16 Changes to these terms
We may amend these terms where required for legal, technical or functional reasons, provided the change does not shift the balance of performance and consideration to your disadvantage. We notify you at least 30 days before the change takes effect by email or in-app; if you do not object to such changes within that period, they are deemed accepted. We will draw your attention separately to the right to object and its consequences in the notification. Changes that affect essential provisions of this contract or that disadvantage you are only made with your express consent.
§17 Consumer dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§36 VSBG).
§18 Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the country in which you have your habitual residence remain unaffected. If individual provisions are invalid, the validity of the remaining terms is unaffected.
Contact
Questions about these terms? legal@naerwert.com.