These Terms of Use govern the use of the CarbCam app and the associated server services on ns.10be.de. The general Terms and Conditions of ns.10be.de for Nightscout hosting apply in addition; in case of conflict, the provisions stated here shall prevail for the CarbCam app.

The provider and contracting party is:

10BE Software UG (haftungsbeschränkt)
Managed Nightscout Hosting & CarbCam

Am Bergle 9, 88662 Überlingen, Deutschland

E-Mail: support@ns.10be.de

Geschäftsführer: Martin Schiftan · Handelsregister: Amtsgericht Freiburg i. Br., HRB 724192 · USt-ID: DE343662047

These terms apply to consumers within the meaning of §13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of §14 BGB.

CarbCam is a smartphone app for iOS (16+) and Android (8+) that sends photos of meals to an AI-powered analysis service and returns estimated values for carbohydrates, calories, fat, protein, FPE (fat-protein units) and the glycaemic index. Entries can optionally be synchronised with a Nightscout instance.

The app is free to install. For AI analysis, a free tier with a limited monthly quota; beyond that, monthly quotas from 15 analyses (in steps of 5) can be booked via Stripe Alternatively, users may provide their own API key (“Bring Your Own Key”, BYOK); in this case no quota is consumed and billing is handled directly by the AI provider.

By installing the app and using it for the first time, a usage contract for the free tier is formed. By completing a paid subscription through the integrated Stripe Customer Portal, an additional paid subscription contract is formed.

Quotas and prices may change for future billing periods. Existing subscriptions will continue under the agreed terms until the end of the booked period.

Users agree to:

• not use the app for any unlawful or immoral purposes,
• not upload any content that infringes third-party rights or is pornographic, glorifies violence, or is otherwise unlawful,
• not make automated requests without prior agreement (rate limits and quotas apply; unusual usage patterns may lead to suspension),
• not use the app for making medical treatment decisions without consulting a healthcare professional.

When using BYOK, the user bears full responsibility for the proper use of their own API key and for complying with the terms agreed upon with the respective AI provider.

Paid tiers are billed through Stripe Payments Europe Ltd. (Dublin). Billing on both platforms (iOS and Android) is handled exclusively through the Stripe Customer Portal. Cancellation, payment method management and invoice access are all available in the Stripe Customer Portal, which can be reached from within the app (Settings → Subscription → Stripe Portal).

Consumers may cancel the subscription contract at any time, effective at the end of the current billing period. The right to extraordinary termination for good cause remains unaffected.

An existing subscription can be transferred to a new device or a different platform, as the subscription is tied to the anonymous installation ID and the Stripe customer, not to an app store account or device. Restoration is available via Settings → Subscription → Restore Purchases.

Consumers have a right of withdrawal pursuant to §355 of the German Civil Code (BGB). Since the app’s features are made available immediately upon conclusion of the contract and — when the AI analysis is actively used — are accessed during the withdrawal period, the right of withdrawal expires prematurely pursuant to §356(4) BGB once the service has been fully performed.

Withdrawal notice may be submitted informally (e-mail to support@ns.10be.de) or using the following template:

To: 10BE Software UG, Am Bergle 9, 88662 Überlingen, support@ns.10be.de.
I/we hereby withdraw from the contract concluded by me/us for the provision of the following service: CarbCam subscription (tier/date/installation ID).
Date, signature (only if sent on paper).

CarbCam is offered in active beta. Features may change; brief outages of the AI providers or the server are possible. 100% availability is not guaranteed. The provider endeavours to maintain an availability of at least 99% on a monthly average, excluding scheduled maintenance and force majeure.

The provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on intent or gross negligence. In cases of simple negligence, the provider is only liable for the breach of material contractual obligations (cardinal obligations); in such cases, liability is limited in amount to the damage typically foreseeable at the time of contract conclusion.

CarbCam provides estimates only and is not a medical device. Liability for direct or indirect consequences arising from the use of the estimates for insulin dosing, dietary decisions or other medical decisions is — to the extent permitted by law — excluded. See the Medical Disclaimer for details.

The processing of personal data is described in the separate Privacy Policy.

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall apply only insofar as it does not restrict mandatory consumer protection provisions of the law of the consumer’s habitual residence.

The exclusive place of jurisdiction for disputes with entrepreneurs, legal entities under public law or special funds under public law shall be the registered office of the provider.

The EU platform for online dispute resolution is available at https://ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.