Nutzungsbedingungen

1. Who you are contracting with

These Terms of Use govern access to and use of the OPĒS application and of the website nfsynq.net, published and sold by their operator (the "Publisher"). The Publisher is reached at support@nfsynq.net: that address is the single channel for support, for the notices provided for in these Terms and for legal correspondence, and the support form on nfsynq.net reaches the same place. The Publisher’s identifying details and place of establishment are provided on request at that address.

Der Herausgeber unterliegt der Kleinunternehmerregelung und ist nicht umsatzsteuerpflichtig. Auf das Abonnement wird keine Steuer erhoben, und es ist keine Umsatzsteuer-Identifikationsnummer anzugeben: Der Preis, den Sie sehen, ist der Preis, den Sie zahlen.

By downloading the app, creating an account or activating a subscription you accept these Terms in full. If you do not accept them, do not use OPĒS.

2. What OPĒS is

OPĒS ist ein kostenpflichtiger, auf Lebensmittelsicherheit spezialisierter Assistent. Er beantwortet Fragen zu HACCP, Kontaminanten, Zusatzstoffen, Allergenen und Vorschriften, bezogen auf den von Ihnen angegebenen Markt, auf Grundlage eines Regulierungswissens, das umfasst: zuständige Behörde und Rahmengesetz von 252 Ländern und Gebieten; für 240 davon zusätzlich, welcher Rechtsakt gilt und wo er nachzulesen ist, mit durch ein automatisches Verfahren gesicherter Herkunft der Quelle — das heißt, es ist gesichert, dass der Rechtsakt existiert und die Quelle die amtliche ist, NICHT dass der Inhalt von einer Person gelesen oder validiert wurde; für 38 die Erschließung nach Lebensmittelkategorie; das Lebensmittelrecht der Europäischen Union, heute der einzige Teil, in dem dieses Wissen auch die anwendbaren Werte (Grenzwerte, Kriterien und Schwellen) enthält; sowie die Veröffentlichungen der nationalen Behörden und des Codex Alimentarius. Außerhalb des Unionsrechts nennt OPĒS die geltende Vorschrift und die Fundstelle, nicht den Wert. Zu jeder Antwort gibt er die verwendete Quelle und deren Verlässlichkeitsgrad an.

The subscription is sold by continent: Europe, Americas, Africa, Asia, Oceania. You subscribe to the continents you work with, and the assistant answers on the countries they contain.

OPĒS is a distinct product from the NFSynq Enterprise compliance platform (nfsynq.com). The two are sold separately and governed by separate contracts: a subscription to one gives no right to the other.

3. What OPĒS is not

OPĒS is an information tool. It is not legal advice, not regulatory or technical consultancy, not a certification, not an inspection, not a laboratory analysis, and not a substitute for the professional judgement of a qualified food safety practitioner.

OPĒS does not draw up, validate or approve HACCP plans, self-control plans, labels or technical files, and its output has no probative value before an authority, a certification body or a court.

The legal, administrative and criminal responsibility for the safety of the products placed on the market remains entirely with the food business operator and the professionals it appoints. Before acting on an answer, always verify the cited source in its official text.

4. Sources, accuracy and reliability levels

The knowledge base is built from public regulatory sources and kept up to date with the greatest possible care, but food legislation changes frequently and is interpreted differently by different national authorities. The Publisher gives no warranty, express or implied, as to the absolute accuracy, completeness, real-time currency or suitability of an answer for your specific case.

Every answer states its source and the reliability level declared for it. That statement is part of the answer, not an accessory: an answer resting on a source declared as less reliable must be verified before use.

Like any generative system, OPĒS can produce an incorrect or incomplete answer. Report it through support and we will correct the knowledge base.

5. Account and eligibility

To use OPĒS you must be at least 16 years old, or the higher age set by the law of your country, and have legal capacity to enter into a contract. The account is personal: credentials must not be shared, and a single account must not be used by more than one person or organisation.

You are responsible for what happens through your account. Tell us immediately at support@nfsynq.net if you suspect unauthorised access.

6. Subscription, price and renewal

OPĒS is a paid product: access to the assistant requires an active subscription. The subscription is sold by continent — you choose how many of the five continents of regulatory knowledge you need — and the price depends only on that number. From four continents upwards the Global plan applies, covering all five.

The prices in force, in euro and identical in every market, are published on the price page of nfsynq.net, which is also where the purchase is concluded. Der Herausgeber unterliegt der Kleinunternehmerregelung und ist nicht umsatzsteuerpflichtig. Auf das Abonnement wird keine Steuer erhoben, und es ist keine Umsatzsteuer-Identifikationsnummer anzugeben: Der Preis, den Sie sehen, ist der Preis, den Sie zahlen.

The subscription is purchased exclusively on nfsynq.net. Payment, the receipt and the portal where you update your card are handled by Stripe, our payment provider. The iOS and Android applications are free and contain no in-app purchases: nothing is bought from them, and no OPĒS subscription appears among those of your Apple or Google account. You cancel on the same site where you subscribed, at nfsynq.net/cancel-subscription, and you can delete the account itself at nfsynq.net/delete-account.

Unless stated otherwise, the subscription renews automatically at the end of each period at the price then in force, until you cancel it. You cancel it at nfsynq.net/cancel-subscription: you sign in and press one button, with no form to fill in, no reason to give and no notice period — fewer steps than subscribing took. Cancellation takes effect at the end of the period already paid for: you keep access until that date.

You may change your coverage at any time. Adding a continent takes effect immediately and moves the subscription to the corresponding step; removing one takes effect at the next renewal.

The Publisher may change the price. A change never applies to a period already paid for and is notified to you before it takes effect, leaving you free to cancel before renewal.

7. Right of withdrawal and refunds

This is a distance sale to consumers in the European Union. If you are a consumer you have 14 days from the conclusion of the contract to withdraw without giving any reason and without penalty, under Articles 9 to 16 of Directive 2011/83/EU. The right of withdrawal does not depend on the Publisher's tax position: it applies in full.

OPĒS is digital content that is supplied immediately, before the 14 days have elapsed. For that reason the order form on nfsynq.net carries two separate boxes, neither of them pre-ticked, which you must tick yourself before you can proceed to payment: your express request that performance begin immediately, and your acknowledgement that you will consequently lose the right of withdrawal once the service has been fully performed. This is the waiver provided for by Article 16(m) of the Directive. It is recorded with the date and with the exact wording you read, and a copy reaches you by email — which is a durable medium — at the moment the order is placed.

Without those two declarations the order cannot be completed, so no contract is concluded and nothing is charged: OPĒS has no deferred 14-day access, and we do not promise you one that does not exist. If you do not wish to waive the right of withdrawal, do not complete the purchase — that is the only alternative the service actually offers.

If you exercise the right of withdrawal before performance has begun, write to support@nfsynq.net: the amount is refunded in full, using the same means of payment, within 14 days of receiving your notice. No particular form is required — a clear statement is enough.

There is no other purchase channel: OPĒS is not sold inside the apps, nor through the App Store or Google Play, so there is no refund that has to go through a store. Every refund is processed by us, using the same means of payment as the purchase.

8. Acceptable use

When using OPĒS you undertake not to:

• use it for unlawful purposes, or to obtain guidance on circumventing food safety, labelling or public health requirements;
• extract the knowledge base in bulk, by automated means (scraping, crawling, systematic querying) or manually, nor reconstruct or redistribute it;
• use the output to train, fine-tune, evaluate or build a competing model or service;
• resell, sublicense, rent or make the service available to third parties, nor present its answers as your own professional advice;
• circumvent technical limits, decompile or reverse engineer the app, except to the extent this restriction is prohibited by mandatory law.

9. Intellectual property

The app, its interface, the knowledge base, its structure and the systems that generate the answers belong to the Publisher or to its licensors and are protected by copyright and by the law on databases. Nothing in these Terms transfers those rights to you.

For the duration of your subscription you receive a personal, non-exclusive, non-transferable and revocable licence to use OPĒS for your own professional or personal purposes. You may use an individual answer in your work; you may not republish the knowledge base or a substantial part of it.

10. Availability and changes to the service

We work to keep OPĒS available continuously, but the service may be interrupted for maintenance, updates, security measures or causes outside our control — connectivity failures, outages at the stores or at the infrastructure provider, incompatible devices.

The Publisher may add, change or discontinue features. If a substantial feature, or the service as a whole, is discontinued, you will be notified in advance and the unused portion of the period already paid for will be refunded.

11. Limitation of liability

To the maximum extent permitted by law, the Publisher is not liable for indirect or consequential damage, loss of profit, business interruption, administrative fines, seizures, withdrawals or recalls of product, or damage to reputation arising from the use of, or the inability to use, OPĒS, or from reliance on an answer without verifying the source cited.

In any event the Publisher's total liability towards you may not exceed the amount you actually paid for the subscription in the twelve months preceding the event.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or gross negligence, or any other liability that cannot be excluded under mandatory law — including the rights that consumer law grants you in your country of residence.

12. Indemnity

If you use OPĒS in the course of a business or profession, you agree to hold the Publisher harmless from claims by third parties or authorities arising from your use of the service in breach of these Terms, or from the way you applied an answer in your own activity. This clause does not apply to consumers.

13. Suspension and termination

The Publisher may suspend or close an account that breaches these Terms, in particular section 8, giving prior notice where possible and with immediate effect where the breach is serious or endangers the service. If an account is closed without any breach on your part, the unused portion of the subscription is refunded.

You may stop using OPĒS at any time and cancel the subscription as described in section 6. You may also delete the account itself, at nfsynq.net/delete-account: it takes effect immediately, closes any subscription still open and leaves you a receipt number as proof. You do not have to write to anyone and you do not need the app. Accounting records are kept for the tax period stated in the privacy policy.

14. Changes to these Terms

These Terms may be amended. The version and the date of the last change are shown at the top of this page. Substantial changes are notified at least 15 days in advance, in the app or by email; if you do not accept them you may cancel the subscription before they take effect and obtain a refund of the unused portion.

15. Governing law and disputes

If you use OPĒS as a consumer, nothing in these Terms deprives you of the protection of the mandatory provisions of the law of the country where you habitually reside: those provisions apply to you in any case and prevail over anything written here that is less favourable to you.

A consumer may bring proceedings before the courts of their own place of residence and may be sued only before those courts, as Articles 17 to 19 of Regulation (EU) 1215/2012 provide. If you are contracting outside consumer protection, or you need the Publisher’s place of establishment in order to bring proceedings, ask at support@nfsynq.net and we tell you.

Before going to court you may turn to an out-of-court dispute resolution body (ADR) competent for consumer disputes in your country; the list of the bodies notified to the European Commission is public, and on request we point you to it. We take part in good faith in a procedure before a competent body. A complaint sent to support@nfsynq.net, or through the support form, is answered before any of this becomes necessary.

16. Contact

support@nfsynq.net — the single address for support, for the notices provided for in these Terms and for legal correspondence. The support form on nfsynq.net reaches the same place and is the quickest route. The Publisher’s identifying details are provided on request at that address.