Terms of Use & End User License Agreement

1. Acceptance of Terms

By downloading, accessing, or using Peek Scanner ("the App"), you agree to be bound by these Terms of Use and End User License Agreement ("Terms" or "EULA"). These Terms are a legal agreement between you and Peek Health, Hamburg, Germany ("Peek Health", "we", "us"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Peek Scanner is a barcode and photo scanning app for food and cosmetic products that:

• Looks up food and cosmetic products by barcode using open databases (Open Food Facts, Open Beauty Facts) and our own product database
• Offers an AI-assisted photo analysis as a fallback for products that cannot be found by barcode
• Calculates transparent health scores based on Nutri-Score, NOVA processing level, additives, and EU COSING ingredient safety data
• Displays ingredient breakdowns, allergen warnings, and additive risk information
• Stores your scan history on your device and, if you create an account, syncs certain data to the cloud
• Offers an optional paid Premium subscription

3. No Medical Advice

Peek Scanner explicitly disclaims providing medical advice. By using this App, you acknowledge and agree that:

• No content in the App, including health scores, ingredient ratings, allergen information, or additive risk levels, constitutes medical, nutritional, dermatological, or other professional advice
• Scores and ratings are derived from publicly available databases, regulatory lists, and scientific literature for informational purposes only
• You will consult qualified healthcare professionals before making significant changes to your diet or before using or avoiding products for medical reasons
• Peek Health is not responsible for any health outcomes, allergic reactions, or adverse effects resulting from decisions you make based on the App
• Information may be outdated, incomplete, or not applicable to your specific situation

4. Accuracy of Information and Assumption of Risk

You acknowledge that:

• Product data comes largely from third-party and community-maintained databases and may be incorrect, incomplete, or out of date; manufacturers also change formulations without notice
• AI-assisted photo analysis can misidentify a product or its ingredients
• You must never rely solely on the App for allergen information. Always read the physical product label before purchasing or consuming a product, especially if you have allergies or intolerances
• You voluntarily assume all risks associated with using information from the App, and you are solely responsible for your dietary, health, and product decisions

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Peek Health, its creators, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages
• This includes but is not limited to: personal injury, illness, lost profits, or data loss
• Our total liability shall not exceed the amount you paid for the App in the past twelve months
• Nothing in these Terms limits or excludes our liability for intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), injury to life, body, or health, or any other liability that cannot be excluded under applicable law
• Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you

6. Indemnification

You agree to indemnify, defend, and hold harmless Peek Health, its creators, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of a third party

7. User Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials and app access
• All activities that occur through your account
• Verifying product information against the physical product label before relying on it
• Complying with all applicable laws and regulations when using the App

8. License and Intellectual Property

We grant you a limited, non-exclusive, non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).

The App and its original content (excluding third-party data) are protected by copyright, trademark, and other laws. You may not:

• Copy, modify, or distribute the App's software
• Reverse engineer or attempt to extract source code
• Use Peek Scanner's name, logo, or branding without permission

9. Third-Party Content and Attribution

Peek Scanner provides ingredient and nutritional data from third parties. We do not endorse, guarantee, or assume responsibility for third-party content. All third-party content remains the property of its respective owners.

Product data is sourced in part from Open Food Facts and Open Beauty Facts, available under the Open Database License (ODbL).

10. Subscription Terms

Peek Scanner Premium subscriptions:

• Are billed through your Apple App Store account
• Auto-renew unless cancelled at least 24 hours before the current period ends
• Can be managed and cancelled through your Apple ID settings
• Are non-refundable except as required by law or as provided by Apple's refund policies

11. Privacy and Data

Your use of Peek Scanner is also governed by our Privacy Policy. Key points:

• Scan history is stored on your device; if you create an account, certain data is stored securely in the cloud
• We use Supabase for secure data storage and authentication
• You can request account and data deletion through the app settings

12. Modifications to Service

We reserve the right to:

• Modify or discontinue the App at any time
• Change features, functionality, or pricing
• Update these Terms with notice through the App or this website

13. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, the license granted in Section 8 ends and you must stop using the App.

14. Apple App Store Terms

The following terms apply because the App is distributed through the Apple App Store:

• Acknowledgement: These Terms are concluded between you and Peek Health only, and not with Apple Inc. ("Apple"). Peek Health, not Apple, is solely responsible for the App and its content.
• Scope of License: The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as described in Section 8 and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance and Support: Peek Health is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty: Peek Health is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. 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 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 Peek Health's sole responsibility.
• Product Claims: Peek Health, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Peek Health, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Contact: Questions, complaints, or claims with respect to the App should be directed to Peek Health using the contact information in Section 18.
• Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App.
• Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and 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 thereof.

15. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. If you are a consumer residing in the European Union, you additionally benefit from any mandatory provisions of the law of the country in which you are resident, and nothing in these Terms affects your statutory rights as a consumer. For users who are not consumers, the courts of Hamburg, Germany shall have exclusive jurisdiction.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Peek Health regarding the use of the App.

18. Contact Information

For questions about these Terms, contact us at:

Peek Health
Eimsbütteler Str. 125A
22769 Hamburg, Germany
Email: legal@peek-health.com