Terms and Conditions
1. Scope of application, conclusion of the contract
The following General Terms and Conditions, referred to as GTC, govern the use of the various services and applications of the fumi app provided by Hoyfeld UG, represented by the managing directors, Sandra Felder, Matthias Felder, hereinafter referred to as “fumi” and natural persons, hereinafter referred to as “User”
The fumi app is an end customer application for smartphones, available for iOS (Apple) and Android (Google). The User has already had the opportunity to view the GTCs and any existing 14-day right of withdrawal as a consumer on the page of the app store responsible for her system and has agreed to the use of the GTCs before activating the fumi App; the content has thus become part of the contractual relationship.
For reasons of better readability, persons are referred to below in the feminine form. All personal designations naturally also apply to the male and diverse genders.
2. Scope of services
fumi enables the user to use the contractual feed calculation services herself. The feeding recommendations refer to healthy animals. The horse owner’s responsibility for her animal remains unaffected by this. If the animal has special ailments/diseases or special age-related feeding problems, the user must consult a veterinarian. The fumi app is not intended to cure diseases, but to support and promote an optimal nutritional condition of the animals described in the app. The fumi app can be used to calculate feedstuffs that support healing, provided that the user has presented her horse to a vet and agreed on the next steps.
3. Obligations of the fumi user
fumi does not replace a veterinary examination or the user’s own thinking. The app is ultimately intended to provide the user’s animal with a better quality of life through optimal and needs-based nutrition. In general, a sick animal must be presented to a vet, and it is also not permissible or sensible to feed a horse with substances that do not match its natural nutritional spectrum. You can also add your own feed to the app and use it for the horse, but it goes without saying that this feed must be suitable for the horse. Animal welfare regulations must be observed.
fumi does not undertake to back up data for the user during the contract period or to store or archive training or other data after the end of the contract. The user herself is responsible for backing up her data in such a way that it can be restored with reasonable effort. The exceptions under the GDPR remain unaffected by this.
4. fumi user account and membership, contract period/right of withdrawal
To register for the fumi app, the user needs a valid e-mail address and a password of their choice. Registration takes place through activation of the user profile by fumi. The contractual relationship is personal and non-transferable.
When registering, the user undertakes to provide true and complete information and to keep it up to date during the contract period.
The user must have unlimited contractual capacity or act with the consent of her legal representatives. The contractual offer from fumi is intended for persons aged 16 and over.
The free fumi membership or the fumi user profile can be terminated at any time via the app store without observing a notice period. Furthermore, the user can close her fumi account by uninstalling the app; all stored data will then be deleted.
The other notice periods are based on the regulations of the app stores.
In principle, the user has a 14-day right of withdrawal as a consumer. There is a special provision for the purchase of digital goods, in this case a subscription. When purchasing the subscription, the user has agreed, in accordance with the regulations of the respective app store, that the digital content will be made available to her immediately, thereby confirming that she is waiving her statutory right of withdrawal.
5 Liability
a) Insofar as fumi demands payment for services, fumi shall only be liable for damages without limitation in the event of intent and gross negligence. In the event of a breach of material contractual obligations, fumi shall also be liable for criminal negligence. Essential contractual obligations, also known as cardinal obligations in the sense of case law, are understood to be those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the user may rely.
Insofar as fumi provides services free of charge, fumi shall only be liable for damages in the event of gross negligence or willful misconduct.
The above limitation of liability shall not apply to liability for injury to life, limb and health or in the event of the assumption of a guarantee by fumi or liability under the German Product Liability Act. The limitation of liability shall also apply in favor of fumi’s performing agents.
fumi shall only be liable for advice insofar as the issue relates to the app.
fumi endeavors to make the app as accessible as possible. However, there may be times when the servers for the app cannot be reached via the Internet due to technical or other problems that are beyond fumi’s control (e.g. force majeure, fault of third parties, etc.). Likewise, limited accessibility of the app may occur during routine servicing. fumi may restrict access to the app if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this. The liability of fumi for unavailability of the servers in the event of intent and gross negligence remains unaffected. Errors caused by external influences, operating errors for which the user is responsible, force majeure or changes or other manipulations not carried out by fumi are excluded from the warranty.
b) Third-party content / responsibility
fumi may provide the User with a function or platform for communication via which the User can communicate with others. The user herself is responsible for the content of this communication and all other content published by the user. For fumi, the content is third-party content within the meaning of Section 8 (1) of the German Teleservices Act (TMG). fumi neither adopts the content as its own nor does it endorse it. Insofar as links to other sites operated by third parties are provided, fumi is not responsible for the content of the linked sites. fumi will, however, regularly check these sites and delete them if there is reason to do so. Should fumi also be notified of infringing content, fumi will exercise its right to delete such content and remove it immediately.
6. Termination for cause / prohibited behavior
The statutory right to termination for cause remains unaffected.
A cause for termination for cause may exist in particular in the event of the following unauthorized actions by the user: Publishing content that is insulting, offensive or illegal, in particular as comments; harassing other users; publishing illegal content (e.g. profile photos that violate the copyrights or rights of publicity of third parties or statutory provisions); appearing under a false identity, providing false information; providing access IDs or passwords or using third-party access IDs or passwords; technical manipulation; copying software or hardware.
7. Responsibility, warranty, no medical advice/services
fumi makes no warranty as to any specific training goals or results that may be achieved through the use of the fumi Services or as to the accuracy and reliability of the information available through the fumi Services.
The fumi Services allow the functionality of the feed recommendation app to support the health, well-being and performance of the horse under the user’s care, but does not provide medical advice or diagnosis, should not be interpreted as such and is not a substitute for veterinary advice. The developers of the app are trained horse feed consultants and the feeding recommendations have been developed to the best of their knowledge and based on current research and knowledge of the equine digestive tract.
The necessary technical requirements, e.g. required storage space on the mobile end user device and required software version, can be found in the app description available in the App Store. A further prerequisite for installation and use on the user’s mobile end device is a current and valid user account for the respective app store and an Internet connection. The user’s contractual relationship with regard to the App Store user account is governed exclusively by the agreements concluded between the user and the respective App Store.
The installation and use of the app requires regular data transmission from the user’s mobile end device. The scope and frequency of data transmission depend, among other things, on the type and scope of use of the app by the user. The connection costs incurred for the data transfer shall be borne by the user in accordance with the existing contract between her and her Internet access provider.
By downloading and installing the app, the user receives a personal, non-exclusive and non-transferable license to use the app on the mobile end user device in accordance with these Terms of Use.
The use of the fumi app is permitted exclusively for private, non-commercial use.
8. Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply to contracts between fumi and the user, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the user has her habitual residence as a consumer, shall remain unaffected.
9. Possibility of dispute resolution
fumi is obliged to point out the following offer: the European Union has initiated an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes: http://ec.europa.eu/consumers/odr/
fumi is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Severability clause
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any.
Status of the GTC: March 05, 2021
Privacy statement
With this privacy statement, we inform you about the processing of personal data when using this app.
1) Name and contact details of the data protection officer
We are responsible for ensuring the protection of your data:
Hoyfeld UG, Managing Directors Sandra Felder, Matthias Felder
Address: Stegwiesenweg 10, 63599 Biebergemünd
E-mail: info@hoyfeld.de
Telephone number: 0163/2354933
2) This data is requested when the fumi app is called up:
a) When downloading the app, certain required information is transmitted to the app store you have selected (e.g. Google Play or Apple App Store), in particular the user name, e-mail address, customer number of your account, time of download, payment information and individual device identification number may be processed. This data is processed exclusively by the respective app store and is beyond our control.
b) When using the mobile app, information is automatically sent to the server of our app by the browser used on the end user device. This information is temporarily stored in a so-called log file. The following information is collected and stored without any action on your part IP address of the requesting mobile end user device, device identifier, access to camera, photo and film recordings, date and time of access, name and URL of the file accessed, website from which access is made, browser type and version and amount of data sent in bytes.
The legal basis for the processing of this data is legitimate interests in accordance with Art. 6 (1) (1) (f) GDPR in order to enable the app to be displayed. The aforementioned data is processed by us for the purpose of ensuring a smooth connection setup and problem-free use of the app.
Under no circumstances will we use the data collected to draw conclusions about your person.
c) You also have the option of setting up a password-protected user account with us. The purpose of this is to offer you additional functions and to tailor the app’s functionalities to your personal interests. If you would like to set up a password-protected user account with us, we need a valid email address from you. In addition, you must enter a password of your choice to set up the user account. Together with the email address, you will receive access to your user account, where you can view and change the data stored about you at any time. We only store personal data in your user account if we have received your voluntary consent. We use the mandatory information to authenticate you when you log in and to follow up requests to reset your password. We process and use the data you enter during registration or login to verify your authorization to manage your user account; to enforce the app’s terms of use and all associated rights and obligations; and to contact you to send you technical or legal notices, updates, security messages or other messages relating to the management of your user account. Internet access: This is required to save your entries on our servers. Camera access: This is required so that you can take photos and save them in the app and on the servers.
Usage data is processed and used to provide the service. This data processing is justified by the fact that the processing is necessary for the performance of the contract between you as the data subject and us pursuant to Art. 6 para. 1 lit. b) GDPR for the use of the app.
We use voluntary information to display it within the app in accordance with your settings and to make it accessible to other users of the app at your request.
After withdrawal of consent or deletion of the user account, the data will be deleted for further use.
d) When using our contact form
You can also use the contact form in our app for questions of any kind. The following information is required:
Question
First name and surname
Your e-mail address
We need your data to determine who sent the request and to be able to answer your question. The data processing is carried out in accordance with a legitimate interest within the meaning of the GDPR and will be deleted after the request has been processed.
3) The General Data Protection Regulation gives you these rights:
a) Right of access and rectification
Information and rectification: you can obtain information from us at any time as to whether personal data relating to you is processed by us and also specifically which data is stored and request a copy of the stored data. You can also have any incorrect data corrected and completed.
b) Notification
You have a right to notification and we have an obligation to notify you in connection with the rectification or erasure of personal data or the restriction of processing.
c) Data erasure
You have the right to demand the erasure of personal data concerning you under the conditions described in Art. 17 GDPR. In particular, these conditions provide for a right to erasure if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under Union law or the law of the Member State to which we are subject. To assert your right to erasure, please contact us at the address given above.
d) Right of the data subject to restriction of processing
You have the right to demand that we restrict processing in accordance with Art. 18 GDPR. This right exists in particular if the accuracy of the personal data is disputed between the user and us, for the period required to verify the accuracy, as well as in the event that the user requests restricted processing instead of erasure in the case of an existing right to erasure; furthermore, in the event that the data is no longer required for the purposes pursued by us, but the user needs it to assert, exercise or defend legal claims, as well as if the successful exercise of an objection between us and the user is still disputed. To assert your right of the data subject to restriction of processing, please contact us at the address given above.
e) Right to data portability
You have the right to receive from us the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format in accordance with Art. 20 GDPR. To assert your right to data portability, please contact us at the address given above.
f) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based, inter alia, on point (e) or (f) of Article 6(1) GDPR pursuant to Article 21 GDPR. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defense of legal claims.
g) Right to lodge a complaint
You have the right to lodge a complaint with the competent supervisory authority in the event of a suspected breach of data protection law (Art. 77 GDPR). The competent authority is the supervisory authority at your usual place of residence, place of work or at the place of the suspected infringement.
4) Disclosure of your data to third parties
We only transfer your personal data to third parties if the transfer is necessary to fulfill our contractual obligations to you and this is clearly done with or together with another provider (e.g. in the case of cooperation), if we are otherwise legally entitled or obliged to pass it on, or if you have given us your consent to do so. In certain cases, we also use external service providers or affiliated companies that are commissioned by us to process data for us in accordance with our instructions. As far as possible, we contractually oblige such service providers to act as processors in accordance with the strict requirements of the GDPR and they may not use your data for any other purposes. The transfer of data to processors takes place on the basis of Art. 28 GDPR.
5) App service provider
We use the following database: xano.com with further information on the privacy statement at https://legal.xano.com/privacy-policy and the server strato.de https://www.strato.de/datenschutz/
To process payments from the respective app stores, we use RevenueCat as a provider with further information on the privacy statement at: https://www.revenuecat.com/privacy/ with no sharing of personal data, only pseudonymous data.
6) Newsletter subscription
We offer you a newsletter that informs you about horse health tips, new app features and offers, among other things. If you would like to subscribe to the newsletter, you must actively subscribe to it and provide a valid e-mail address. By subscribing to the newsletter, you agree to receive the newsletter and the procedures explained.
The newsletter is sent by us via the servers specified under 5). Your data will not be passed on to other service providers.
Revocation and termination: You can revoke your consent to receive the newsletter at any time and thus cancel your newsletter subscription. After cancellation, your personal data will be erased from the newsletter mailing list and your consent to receive the newsletter will expire at the same time. You will find the unsubscribe link at the end of each newsletter. You can subscribe to or unsubscribe from the newsletter at any time via the app.
7) How long your data will be stored
Your data will only be stored by us for as long as is necessary for the proper processing of our contractual relationship. Your personal data will be deleted as soon as your account with us has been terminated and there is no longer a legal requirement to store the data.
Status of the privacy statement: May 01, 2024
© fumi – Die Futtermittel-App 2025
