Terms & Conditions

These Terms & Conditions (the “Terms”) form an agreement between you and Daniel Munoz (“Developer”, “I”, “me”) governing your use of the Kist iPhone application and any updates to it (the “App”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App and delete it from your device.

Please read section 5 (Kist is not food-safety advice) and section 6 (Accuracy and your responsibility) carefully. They describe important limits on what the App does and what it can be relied on for.

1. This agreement is with the Developer, not Apple

You acknowledge that these Terms are concluded between you and the Developer only, and not with Apple Inc. (“Apple”). The Developer, not Apple, is solely responsible for the App and its content. Your use of the App must also comply with the App Store Terms of Service, including the Usage Rules set out in Apple's Media Services Terms and Conditions.

2. Who may use the App

You may use the App only if you can form a binding contract with the Developer and are not barred from doing so under applicable law. If you are a minor in your country of residence, you may use the App only with the involvement and consent of a parent or legal guardian.

3. Licence

Subject to these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules of the App Store. This licence covers personal, non-commercial household use of the App. No rights are granted other than those expressly set out here, and all rights not expressly granted are reserved by the Developer.

4. Things you may not do

Except where mandatory law expressly permits it, you agree not to:

• copy, modify, translate, or create derivative works of the App;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code;
• rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the App;
• remove or alter any proprietary notices;
• circumvent, disable, or interfere with security or licensing features;
• use the App, or the third-party services it queries, in an automated, bulk, or abusive way; or
• use the App for any unlawful purpose or in breach of these Terms.

5. Kist is not food-safety advice

Kist is an inventory and organisation tool. It is not food-safety, health, medical, or nutritional advice, and it must not be treated as such. The Developer is not a food-safety authority, laboratory, health professional, or regulated provider of any kind.

The App does not inspect your food, does not know how it has been stored or handled, and cannot tell whether anything is safe to eat. Any date, badge, or “expiring soon” indication it shows is a reminder derived from information you entered or accepted, not an assessment of the food itself.

Always check the printed use-by and best-before dates on the packaging, follow the manufacturer's storage instructions, and use your own judgement (sight, smell, and common sense) before eating anything. Never rely on the App to decide whether food is safe to consume. If you have allergies, an intolerance, or any medical condition affected by what you eat, always read the actual product packaging; do not rely on the product information shown in the App. If in doubt about food safety, throw it out or consult a qualified professional.

6. Accuracy and your responsibility

The App's output depends entirely on what you enter and keep up to date. In particular, you acknowledge that:

• expiry dates, quantities, locations, and product details come from you, or from a third-party database you chose to accept, and the App cannot detect errors in them;
• suggested shelf lives and default dates are convenience estimates based on category or on what you previously entered, and are guesses rather than facts about the item in your hand;
• the App cannot know about items, changes, or spoilage you have not recorded, and its count of what is on your shelves may not match reality;
• reminders and the daily digest are scheduled locally by iOS on a best-effort basis. They depend on your device, permissions, and notification settings, and may be delayed or not delivered at all. Do not rely on them as your only reminder about anything that matters; and
• you are responsible for verifying anything important against the physical product and its packaging.

To the extent permitted by law, the Developer is not liable for spoiled, wasted, or discarded food, for illness or harm arising from food you consumed or did not consume, or for any other loss arising from your reliance on information shown by the App.

7. Sharing a pantry with other people

The App lets you share a pantry with other people using Apple's iCloud Sharing. Everyone you invite can see and change everything in the shared pantry. You are responsible for deciding who to invite, for the content you place in a shared pantry, and for removing participants when they should no longer have access.

Invitations, access control, and the transport of shared data are provided by Apple. The Developer does not operate the share, cannot see its contents or its members, and is not responsible for what other participants do with the shared data, including changing or deleting it.

8. Third-party product data

When you scan a barcode, the App queries Open Food Facts, an independent open database of food products that is not operated by, controlled by, or affiliated with the Developer. Product data from Open Food Facts is contributed by the public. It may be incomplete, out of date, or simply wrong, and it may not match the actual product in your hand, including its ingredients, allergens, and nutritional information.

The Developer makes no warranty as to the accuracy or completeness of third-party product data and is not liable for it. Product information from Open Food Facts is made available under the Open Database License (ODbL), and product photographs under the Creative Commons Attribution-ShareAlike licence; those licences and Open Food Facts' own terms govern that content. Availability of the lookup depends on their service and may change or stop at any time.

9. Price and purchases

The App is currently free and contains no in-app purchases or subscriptions. The Developer may introduce paid features in a future version. Any purchase would be processed by Apple through the App Store and subject to Apple's terms: prices are shown before you buy, the Developer does not receive or process your payment details, and refund requests are handled by Apple, not by the Developer.

10. Your data, sync, and backups

The data you enter is stored on your device, and, if you enable sync, in your own private iCloud account, which is operated by Apple and subject to Apple's terms and privacy policy. The Developer operates no server for your pantry data and cannot access, restore, or recover it. How your data is handled is described in the Privacy Policy, which forms part of these Terms.

You are responsible for keeping your own backups. Deleting the App deletes its local data. To the extent permitted by law, the Developer is not liable for loss or corruption of data, including data lost through device failure, sync errors, iCloud issues, actions of other participants in a shared pantry, or deletion of the App.

11. Availability and changes to the App

The Developer may update, change, suspend, or discontinue the App or any of its features at any time, and may require a current version of iOS or a newer device to keep using it. The App is not guaranteed to be available, uninterrupted, or error-free.

12. Maintenance and support

The Developer is solely responsible for providing any maintenance and support for the App, to the extent it is offered at all. Support is provided informally by email at support@danmunoz.com, with no guaranteed response time. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

13. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranties or conditions of any kind, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement.

Nothing in these Terms excludes or limits your mandatory statutory rights as a consumer, including statutory rights in respect of defective digital content under German and EU law.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.

14. Limitation of liability

The Developer is liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent liability cannot be excluded or limited under mandatory applicable law.

In cases of slight negligence, the Developer is liable only for breach of a material contractual obligation, meaning an obligation whose fulfilment makes proper performance of these Terms possible in the first place and on whose fulfilment you may reasonably rely, and such liability is limited to the foreseeable damage typical for this type of contract.

Subject to the paragraphs above, and to the maximum extent permitted by law, the Developer is not liable for indirect, incidental, special, or consequential damages, loss of profit, wasted expenditure, or losses arising from your use of, or inability to use, the App. Subject to the paragraphs above, the Developer's total aggregate liability arising out of or relating to the App is limited to the greater of the amount you paid for the App and any in-app purchases in the twelve months preceding the event giving rise to the claim, or EUR 50.

15. Product claims

The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

16. Intellectual property

The App, its name, icon, design, and all related content are owned by the Developer and protected by copyright and other laws, except for third-party content used under licence and identified in the App's acknowledgements. These Terms grant you a licence to use the App; they do not transfer any ownership to you. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

17. Legal compliance and export

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with any applicable third-party terms when using the App.

18. Termination

These Terms apply for as long as you use the App. Your licence terminates automatically if you breach these Terms, and you may end it at any time by deleting the App from your devices. Sections that by their nature should survive termination, including sections 5, 6, 7, 8, 10, 13, 14, 15, and 16, continue to apply.

19. Apple as third-party beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

20. Changes to these Terms

These Terms may be updated to reflect changes to the App or to legal requirements. The “last updated” date above will change with them, and the current version will always be published on this page. Material changes will be posted here before they take effect. Continuing to use the App after changes take effect means you accept the updated Terms.

21. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in the EU or EEA, you additionally enjoy the protection of any mandatory provisions of the law of your country of residence, and nothing in these Terms affects your right to bring proceedings in the courts of that country.

The Developer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

22. Severability and entire agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one that most closely reflects its purpose. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the App. A failure to enforce any provision is not a waiver of it.

23. Contact

Questions about these Terms, or any claim or support request relating to the App, can be sent to:

Daniel Munoz
12247 Berlin, Germany
support@danmunoz.com