This License Agreement applies between you (End User, Licensee) and the publisher of the software, Huhn und Scheele GbR.
According to the state of the art, it is not possible to create software that works 100% error-free in all applications. The subject of this agreement is therefore software that is fundamentally usable in the sense of the program description.
We explicitly point out that the software never replaces individual consulting services from veterinarians, feed and nutrition consultants.
Furthermore, you agree to use the software exclusively in professional circles or only together with professional personnel such as animal naturopaths, animal nutrition consultants, or veterinarians.
By using the software, you declare your agreement with this License Agreement.
If you do not agree to the terms of this agreement, you are not authorized to use the software.
1. Right of Use
1.1 Fun Package (free of charge)
The FUN package allows you to gain insight into how the program works. It is not suitable for performing actual calculations. Data for feedstuffs, nutritional requirements, and other elements may be altered.
Access to the free version may be restricted in terms of time and functionality.
If the software is to be used in practice, a license (e.g., Flex) must be acquired.
1.2 Licensed Version (e.g., FLEX Package)
By acquiring a usage license under the membership model, the end user receives limited, non-exclusive, revocable access for use. The software receives regular updates. These are free of charge during the membership period. A breach of contract by the user leads to the forfeiture of the right of use.
Membership models may vary, among other things, with regard to duration, maximum number of animals, file uploads, analyses, or reduction curves. The scope of the software may be expanded for certain professional groups, e.g., veterinarians, and restricted for other user groups, or may become so.
Memberships are not transferable. A membership automatically renews monthly (for Flex package - 1 month) or annually (for Relax package - 365 days) via the direct debit procedure.
A membership is considered terminated as soon as the direct debit procedure has ended and the valid membership period has expired.
Upon termination of membership, user data will not be immediately removed from the application but can be reactivated by a later license renewal. Deletion of user data (profile deletion) only occurs upon deletion of the customer account. This can be done by the user themselves within the application or by written request or prolonged inactivity.
We reserve the right to contact users via the provided profile email address before final profile deletion to inform about the impending profile deletion or to offer options for profile retention.
1.3 Special Use for Student@aNuCa and Dozent@aNuCa (Lecturer@aNuCa)
These accesses are exclusively reserved for participants in further education courses or lecturers in the field of animal nutrition and animal naturopathy for dogs and cats.
Participants are granted free, time-limited access in the Flex package. To obtain activation, the user must provide proof of their training or lecturing activity in advance.
Even if the use of the Flex package is free of charge, a setup fee or a renewal fee for the time-limited use may apply. This fee is due immediately and before activation. This fee will not be refunded in the event of premature termination of training or lecturing activity.
After the free usage period expires, participants will have access for a further 15 days.
Unless the participant provides further proof of course participation or lecturing activity, the user account will be deleted immediately.
An exception is the conversion to a paid model. In this case, all existing aNuCa documents will be retained.
After the end of an access period, the participant agrees to provide feedback on the application. This can be done via the integrated rating function or by email. The focus of the operator is on the benefits and potential for improvement in order to constantly improve aNuCa.
Free access for Student@aNuCa and Dozent@aNuCa participants is provided without any legal claim and can be terminated by the operator at any time and without stating reasons (especially in case of misuse).
Free Students@aNuCa accesses apply to basic training courses for animal naturopaths or animal nutrition consultants and are limited to a maximum of 2 years.
Advanced and further training courses that take place within the framework of a training program are not part of the Students@aNuCa offer.
1.4 Restrictions
- Transfer of the software license to others is not permitted.
1.5 Feedstuff Data
Provided feedstuffs from the database are not subject to continuous updating, and it is not 100% guaranteed that all ingredients are completely recorded and up-to-date. It is the user's responsibility to check existing feedstuffs based on the composition information before use, in order to exclude sources of error in ration planning in particular.
By making a created feedstuff available as a Community Feedstuff, you agree that your email address may be used by aNuCa users for contact purposes. Your email address will remain hidden in this process and will not be shared with others. Correction requests can be sent to you by users via email. Other users will not see your email address in this process.
Self-recorded feedstuffs can be made available to the community (other aNuCa users) for further use. This is voluntary. The maintenance and ownership of the feedstuff data lies with the respective creator of the feedstuff. High diligence in recording and completeness of ingredient data is considered obligatory.
1.5.1 Bundeslebensmittel Daten (BLS - Federal Food Data)
Access to BLS data is offered as part of a paid package. The use of BLS data is subject to external BLS license terms. After acquisition, access to BLS data is guaranteed for a period of 365 days.
An acquired BLS package with the BLS license is non-transferable and linked to the aNuCa user account.
The licensing of BLS data is linked to the aNuCa user account. If the aNuCa user account is deleted within the 365-day validity period, the license claim automatically expires.
Acquired BLS licenses are non-refundable.
The content and correctness of the ingredient declarations are solely the responsibility of the BLS. The BLS data are provided in the aNuCa application in an unchanged form. The BLS data are sometimes provided in their original form in different units. The conversion of ingredient values to the units of the aNuCa calculator takes place in the aNuCa application.
Occasionally, not all ingredients available in aNuCa are provided by the BLS. This primarily concerns non-essential nutrients for humans, such as choline or taurine.
Non-declared BLS ingredients are marked with a "-" in the aNuCa analysis.
BLS data are only shown for the ingredients that are available to the respective user in the aNuCa application.
The BLS food data are assigned to the existing feedstuff categories in aNuCa within the aNuCa application, which may differ from the BLS food categories.
After the BLS license expires, BLS data can no longer be accessed. Existing analyses can, however, still be loaded (read-only mode).
2. Copyright
The software, the documentation, the master data available upon licensing, as well as the program and data concept, are protected by copyright.
Target value basis with reference Meyer/Zentek (2016) originate from the corresponding specialized literature [Source: Meyer, Zentek. Ernährung des Hundes, 8th updated edition, 2016]. Use of the reference values (target value basis dog) was granted under personal permission for use in digital form.
All data, such as feedstuffs, may only be used according to the functionality of the website.
3. Obligations and Liability of the Licensee
You are obligated to
- ensure that your license data does not fall into the hands of third parties.
- check your entries and the results created with the software for completeness and plausibility.
- not embed the software in your own websites, apps, or software (e.g., in frames) or use parts thereof for other websites or software.
- use the software only for calculating rations or planning weight reduction for dogs or cats.
4. Right of Withdrawal
If you conclude the contract as a consumer, you are entitled to the following statutory right of withdrawal:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Huhn & Scheele GbR, Kirchstrasse 44, 86415 Mering, E-mail futteranalysen@anuca.net) by means of a clear statement (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
End of the Right of Withdrawal Information
4. Warranty / Data Protection
The software is provided "as is".
The service of feedstuff research cannot be demanded. This is a voluntary service provided by the licensor.
The manufacturer does not guarantee that the software will remain equally functional at all times in all operating environments (e.g. operating systems and browser versions). Google Chrome, Firefox or Safari have proven to be stable browser environments.
The responsibility for the correct selection and correct use of the software, and thus also for the consequences resulting from the use of the software, lies 100% with the licensee.
All user data is transmitted encrypted and stored in a database. This is managed, like the entire web application, by service providers located in Germany who are subject to German data protection laws.
A malfunction of the services of a service provider or a network operator (e.g. for internet or mobile networking) does not lead to claims against the licensor.
The software is regularly maintained. Restrictions on usability due to maintenance work do not lead to claims against the licensor.
The amount of claims for damages against the licensor is limited to the license fees paid by the user for the current license period.
User data is managed under the guidelines of the Federal Data Protection Act (BDSG). Exploitation is excluded.
Self-created feedstuffs or personal data are protected and can only be viewed and used by the licensee.
6. Liability
The manufacturer is only liable for damages caused intentionally or by gross negligence.
Liability for indirect and consequential damages is excluded.
The amount of claims for damages against the licensor is limited to the license fees paid for the current license period.
The licensee has the possibility to change or adjust data, such as feedstuffs or rations, independently. The licensor's liability for errors in such data is excluded.
Feedstuff data may originate directly or indirectly (according to declaration) from the manufacturer. Changed or supplemented feedstuff data that are not indicated by the service provider are specially marked. The licensor is not liable for the inaccuracy of such data.
Feedstuff data, nutritional requirements, and calculations may be incomplete or incorrect in individual cases. Feedstuffs are also subject to fluctuations in nutrient content. The licensor is not liable for damages arising therefrom.
The software is developed for the calculation of rations for dogs and cats. Calculation, e.g., of nutrient content or use of nutritional requirements for further use in industry or trade, is not permitted. The licensor's liability is excluded in this regard.
By registering and creating a user account, the participant agrees to the terms and conditions.
7. Place of Jurisdiction
The place of jurisdiction is Augsburg.
Exclusively the law of the Federal Republic of Germany applies.
8. Miscellaneous
Third-party contract and purchasing conditions are not recognized.
9. Severability Clause
No ancillary agreements have been made.
Should any of the agreements be ineffective, the validity of the remaining agreements shall not be affected thereby. The ineffective agreements shall be replaced by effective agreements that come closest to the meaning and intent of the ineffective agreements in favour of the manufacturer.
(Terms and Conditions from 10.12.2023)