1. Provider and Scope
These Terms of Service apply to the use of the Trayly iOS app, the website, the API, and all related services. The provider is Burzinski & Jaenisch GbR, Burgunder Str. 1, 14197 Berlin, Germany.
Different terms apply only if we expressly agree to them in writing.
2. Service Description
Trayly helps you record and evaluate meals, calories, macronutrients, weight, activity, restaurant menus, and suitable dishes. The app can analyze photos, labels, barcodes, chat messages, and texts and create estimates or assistant responses from them.
Certain features may require an account, internet access, location sharing, camera, photo, HealthKit, or push permissions, or an active Trayly Pro subscription.
If you enable HealthKit, Trayly can read activity and weight data and write weight and nutrition values recorded by you to Apple Health.
3. Account and Security
- You are responsible for the accuracy of your account and profile data.
- You must protect credentials, your device, and authentication methods against unauthorized access.
- You may not misuse your account, sell it to third parties, or upload third-party data without authorization.
- We may block, restrict, or delete access if there is a security risk, abuse, legal violation, or material breach of contract.
4. No Medical Advice
Trayly is a fitness and nutrition tool, not a medical device, diagnostic service, or substitute for medical, therapeutic, or nutritional advice.
Calories, macros, scores, restaurant rankings, AI responses, and forecasts are estimates. They may be incorrect, incomplete, outdated, or unsuitable for your personal situation. Do not use Trayly for emergencies, diagnosis, treatment, eating disorders, pregnancy, serious illness, or other medically relevant decisions without professional advice.
5. AI and Data Quality
- AI results are generated from your inputs, images, and available data sources and are not guaranteed to be correct.
- Restaurant, product, and nutrition data may come from third-party sources, may change, or may be incorrect.
- You are responsible for reviewing information before saving or using it and correcting obvious errors.
- We do not owe any specific weight, health, fitness, or nutrition outcome.
6. Permissions and Integrations
Camera, photos, location, HealthKit, push notifications, and purchases through Apple are optional platform features. You can revoke permissions in iOS; this may cause individual app areas not to work or to work only in a limited way.
For third-party sources such as Apple Health, Google Places, OpenStreetMap, Open Food Facts, restaurant websites, or public image sources, data may be incomplete, delayed, unavailable, or licensed. We do not guarantee the permanent availability or accuracy of such third-party information.
7. Permitted Use
- You may use Trayly only lawfully and within the scope of these Terms.
- Scraping, reverse engineering, circumventing access restrictions, disrupting operations, abusing rate limits, uploading unlawful content, automated mass use, and use for developing competing databases without consent are not permitted.
- You may not upload content for which you do not have rights, that infringes third-party rights, or that is unlawful, offensive, discriminatory, pornographic, glorifies violence, or endangers security.
8. Your Content and Usage Rights
You retain rights to your inputs, photos, notes, chat messages, and other content. You grant us the rights to store, process, transmit, technically transform, share with service providers, and evaluate this content to the extent required to provide, secure, support, synchronize, analyze, and improve Trayly.
You represent that you are authorized to provide your content and that doing so does not infringe third-party rights.
9. Trayly Pro, Prices, and Payments
Paid features are provided as Trayly Pro or comparable offers. Prices, terms, trial periods, renewal, and cancellation options are shown before purchase in the App Store or Apple purchase interface.
Purchases, subscriptions, billing, withdrawal, refunds, and cancellation are generally handled through Apple. You can manage and cancel subscriptions in your Apple ID settings. RevenueCat is used for technical management of unlock status.
If a subscription ends, expires, is canceled, or is not paid, Pro features may be deactivated. Data already recorded remains available in accordance with the app features and privacy rules.
10. Availability and Changes
We strive for stable availability but do not owe uninterrupted operation. Maintenance, disruptions, security measures, third-party outages, App Store reviews, and force majeure may temporarily restrict features.
We may further develop Trayly and change, replace, restrict, or remove features where this is reasonable for technical, economic, legal, or security-related reasons and your legitimate interests are taken into account.
11. Intellectual Property
The app, website, design, software, database structure, trademarks, logos, texts, and other Trayly content are protected. You receive a simple, revocable, non-transferable right for private use under these Terms.
12. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent of any guarantees we have assumed.
In cases of slight negligence, we are liable only for breaches of material contractual obligations whose fulfillment enables proper performance of the contract and on whose compliance you may regularly rely. In this case, liability is limited to foreseeable damage typical for the contract.
Otherwise, liability is excluded to the extent permitted by law. The above provisions also apply to our legal representatives, employees, and agents.
13. Term, Termination, and Deletion
You can stop using Trayly at any time and delete your account or request deletion. Statutory retention obligations and legitimate security or billing interests remain unaffected.
We may terminate the contract ordinarily if Trayly is discontinued, and terminate extraordinarily or suspend access if you materially breach these Terms or if there is a security, abuse, or legal risk.
14. Privacy
Information about the processing of personal data can be found in our Privacy Policy. It forms part of the transparency information but does not replace these Terms of Service.
15. Relationship with Apple
If you obtain Trayly through the Apple App Store, Apple's terms for the App Store, in-app purchases, and subscriptions also apply. Apple is not the provider of these Terms of Service but may handle payment, cancellation, and refund processes under Apple's rules.
16. Changes to the Terms
We may change these Terms with effect for the future if features, the legal situation, service providers, or economic conditions change. We will notify you of material changes in an appropriate manner. If you continue to use Trayly after the changes take effect, the amended Terms apply to the extent permitted by law.
17. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
If any provision is invalid, the validity of the remaining provisions remains unaffected. The statutory rule takes the place of the invalid provision.