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Read carefully the following rules (“Rules”) before using our Services. Your use of the Services offered by Fitatu constitutes your acceptance of the following Rules in their entirety.

Contents:

  1. Basic information
  2. Definitions
  3. Operation of the Application and of the Website
  4. Creating an Account
  5. Intellectual Property/Licence
  6. Rules for the provision of Services
  7. Paid Services
  8. Free Services
  9. Liability of Fitatu
  10. Privacy and confidentiality
  11. Complaints
  12. Delivery and Users' rights related to non-delivery of Digital Content or Services
  13. Withdrawal
  14. Supervision of the posting of Materials
  15. Amendments to the Rules
  16. Settlement of disputes
  17. Final provisions

I. Basic information. Who, what and how

  1. We operate as a capital company: Fitatu Sp. z o.o. with the seat in Poznań (60-749) at ul. Wyspiańskiego 10/5, registered in the Register of Entrepreneurs kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, VIII Commercial Division KRS, with KRS number 0000635344, NIP 7792444235, REGON 3648392781, mailing address: Wyspiańskiego 10/5, 60-749 Poznań, [email protected], tel. +48221001555. We are the owner and operator of the Application and of the Website. Hereinafter we shall also refer to ourselves as “Fitatu”.
  2. Fitatu's business consists in providing SPN - Smart Personal Nutrition services (“Free Services”) by making them available electronically within a software application enabling, among other things:
    1. Verifying and recording the nutritional values of products and foods,
    2. Verifying and recording vitamin and micronutrient intake,
    3. Recording of Users' nutritional history and physical activity history,
    4. Downloading recipes to help to prepare meals,
    5. Collecting training activity data based on data entered by the User or downloaded from other programmes or devices connected to the Application.
  3. Fitatu's business also consists in providing the paid service described in Section VII (“Paid Service” or “Paid Services”) by making it available electronically.
  4. The Free Services and the Paid Services will be referred to collectively as the “Services”.
  5. These Rules set out the rules for the provision of the Services by Fitatu to you, the user (“User” or “Users”). By using the Application, you accept the terms of use set out below, also referred to as the “Rules”, as well as Privacy Policy.

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II. Definitions

Within these Rules, we use certain (capitalized) terms to which we give a specific and precise meaning. We have already explained some of them above, but we will also use the following terms:

  1. APPLICATION is external software for a mobile device, offered within the Google Play, App Store or other platforms allowing the use of the Services together with the possibility of accessing them via the website at www.fitatu.com.
  2. Contract is a contract for the provision of Services concluded in accordance with the Rules between Fitatu and the User, with the content set out in the Rules.
  3. Website is the website located at: fitatu.com together with all the pages that are part of it, by means of which Fitatu provides Services to Users.
  4. Platforms: whenever the word “Platforms” appears in the wording of the Rules, it shall mean both the Application and the Website.
  5. APPLICATION DISTRIBUTOR: App Store (for iOS operating system), Google Play (for Android operating system) and AppGallery.
  6. Services are any services (paid or free) provided electronically by Fitatu to Users under the Contract through the Website or the Application.
  7. Paid Services are any paid services provided by Fitatu through the Website and the Application.
  8. Free Services: any free services provided by Fitatu through the Website or the Application.
  9. Subscription - available subscription plans for Paid Services.
  10. ACCOUNT: a set of resources in Fitatu's ICT system designated with a unique name (login) and password assigned to the User, in which the User's data is collected, in particular information on available Services and Subscriptions, the creation of which requires the User to fill in a relevant registration form on the Website or in the Application.
  11. CONSUMER or USER: a natural person, who are at least 16 years of age, with full legal capacity or, in cases provided for by law, with limited capacity to act, as referred to in Article 22(1) of the Act of 23 April 1964 on the Civil Code, and an entrepreneur within the meaning of Article 385(5) of the Civil Code, who concludes a Contract without direct connection to their business or professional activity.
  12. MATERIALS any data or information generated or provided (photos, recipes, descriptions, opinions, comments, audio files, etc.) by the User as part of the use of the Platforms, in particular opinions and comments.
  13. PRIVACY POLICY is a document in which we explain what personal data of Users we collect and process for the purpose of providing a comfortable service and under what conditions this data is processed and used by us. In addition, the document sets out the rules for the collection and processing of so-called cookies.
  14. REGISTRATION is the procedure for setting up an Account in the Application.
  15. DIGITAL CONTENT is data produced and delivered in digital form.
  16. DIGITAL SERVICE is a service that allows:
    1. the production, processing, storage or access to data in digital form,
    2. the sharing of digital data that has been uploaded or created by the Consumer or other Users of this service,
    3. other forms of interaction through digital data.
  17. ENTREPRENEUR WITH CONSUMER RIGHTS: a User who enters into a contract directly related to their business activity, but it follows from the content of this contract that it is not of a professional nature for them, arising, in particular, from the subject of their business activity, presented under the provisions on the Central Register and Information on Business Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej)
  18. ACT means the act of 30 May 2014 on consumer rights.
  19. DSA means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/ 31/EC (Digital Services Act).

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III. Operation of the Application and of the Website

  1. Fitatu provides the Services through the Application and the Website. Both platforms have, in principle, similar functionalities, according to the breakdown in the following table:

    FunctionalityApplicationwww.fitatu.com (Premium access only)
    Free Services
    Product scanner+-
    Calorie and macronutrient counter++
    Largest database of products and dishes++
    Useful measures, e.g. spoon, packet, piece, glass, handful++
    Tracking the water consumed++
    Toilet+-
    Weight and circumference measurements with diagrams+-
    Possibility to set your own calorie targets++
    16:8 intermittent fasting scheme+-
    Synchronisation with Health Connect+-
    Recipe catalogue of approx. 1000 recipes++
    Habits: 4 habits+-
    Fitatu for Apple Watch (monitoring of calorie and macronutrient goals, water intake) +-
    Paid Services
    Fitatu Premium
    Menu selection++
    14:10, 18:6, 20:4 intermittent fasting schemes+-
    Catalogue of recipes: all recipes++
    Synchronisation with other fitness applications+-
    Habits: additional 18 habits+-
    No advertising (except self-promotion)++
    Shopping list+-
    Widget on the phone screen+-
    Complete the daily target+-
    Fridge feature++
    Data export+-
    Notes on health and well-being+-
    Data transfer to Health Connect and Apple Health+-
    Personalisation of the bottom menu+-
    Fitatu for Apple Watch (intermittent fasting)+-
    Fitatu Premium + AI
    All functionalities of the Fitatu Premium Subscription Application / website assignment as stated above
    Artificial intelligence (AI)-based algorithm for calorie estimation [available in selected countries] +-
    Estimating nutritional value from photos (Fitatu reserves the right to limit the number of uses of this feature in case of detected unauthorized or automated activity (e.g., bot scanning)). +-

  2. The Application can be downloaded from online shops of Distributors.
  3. The Website is available online at fitatu.com
  4. As the User accesses the Application from Applications of Distributors, the licence granted is limited to a non-transferable licence to use the Application on a device that uses the Apple iOS or Android operating systems, in accordance with the terms of use also set out in the rules of the Application of the respective Distributor.
  5. The Application Distributor is not obliged to provide any maintenance or support services in relation to the Application.
  6. In the event of any failure by the Application to meet the applicable warranty, the User may notify the relevant Application Distributor and the Application Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application. To the maximum extent permitted by applicable law, the Application Distributor will have no other warranty obligations with respect to the Application.
  7. The User represents and warrants that (i) he/she is not located in a country that is embargoed by the U.S. government or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) the User is not listed on any U.S. government list of prohibited or restricted entities.
  8. The User acknowledges and agrees that the Application Distributors are independent third party beneficiaries of the rules set out in this Application Licence provided for in the Rules and that each Application Distributor will have the right (and will be deemed to have accepted that right) to enforce the rules set out in this Application Licence provided for in the Rules against the User as a third party beneficiary.
  9. By downloading the Application from the Application Distributor, the User acknowledges that he/she has read and understood the following information regarding the Application Distributor, and agrees to its contents. These Rules relate solely to the legal relationship between the User and Fitatu, and not the Application Distributor; the Application Distributor is not responsible for the Service or the content contained therein, to the maximum extent permitted by applicable law, the Application Distributor has no other warranty obligation with respect to the Service.
  10. In relation to all Services, only natural persons, who are at least 16 years of age, with full legal capacity or, in cases provided for by law, with limited legal capacity, may be Users, provided that the specific legislation of the country of residence of such person does not limit or exclude the possibility of making the Platforms or Services provided via electronic communication available to such person.
  11. To access the Application, it is necessary to have the Application installed and active, as well as to have an internet connection (each use of the Services requires active access to the internet), and to have an email box. To use the Application in the mobile version, it is necessary to have a device based on the Android or IOS operating systems.
  12. Access to the Website requires internet access (each use of the Services requires active access to the internet), and an email box. The User should have a functional and up-to-date internet browser for the smooth operation of the Website (Mozilla Firefox, Google Chrome, Microsoft Edge, Opera, etc.).
  13. When informing about a reduction in the price of Paid Services, in addition to the information about the reduced price, we also make visible the lowest price for this service that was in force during the 30 days prior to the introduction of the reduction.
  14. The use of certain functionalities of the Platforms may require you to accept and comply with the rules of other service providers who work with Fitatu and whose services the User intends to use.
  15. In order to make full use of the Services, including the Paid Service, it is necessary to create and maintain an Account.

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IV. Creating an Account by the User

  1. The creation of an Account requires Registration via the Application or the Website. For Registration, the registration form has to be completed by providing email address and password. The email address provided by the User will be used as login, and the password will secure access to the Account.
  2. The User may also set up an Account via the Facebook social network by using the login button and agreeing to link the Facebook account social network to the Account. On subsequent logins to the Facebook social network account, the User will have the option to automatically connect to the Account.
  3. The User accesses his/her Account by logging in to the Application or on the Website, i.e. by entering his/her login, which is the email address stated during the Registration, and the password securing access to the Account.
  4. From the first logging in to the Application or the Website, the User must complete Account data about himself/herself (sex, weight, age, physical activity, etc.) necessary for the correct performance of the Services. We undertake to protect these data with particular care. The User may also block access to them at any time by deleting the Account. Failure to provide certain information may result in Fitatu's inability to provide specific Services.
  5. The password securing access to the User Account should not be shared with third parties. All activities carried out through the Account shall be deemed to have been carried out by the owner of that Account, so in the case of suspicion that the password securing access to the Account has been taken by someone else, please inform us immediately.
  6. The use of other Users' Accounts or making an Account available to third parties is prohibited.
  7. We reserve the right to block an Account or access to selected services provided as part of the Platforms if we determine that the security of the Account is at risk, the provisions of the Rules have been violated or the generally applicable laws have been violated. In some cases, we may make the continued use of an Account conditional upon a change of the password securing access to that Account. In such circumstances, the User will immediately regain access to the Account once the password is changed.
  8. The User can delete the Account at any time via the option to do so in the Platform settings.

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V. Intellectual Property/Licence

  1. All rights to the Platforms, including its various functionalities, in whole and in parts, in particular the textual, graphic and multimedia elements and the elements of the software applications generating and operating the Platforms, including copyright, related rights, industrial property rights and any derivative rights (licences) required under the circumstances, are vested in Fitatu.
  2. Upon downloading the Application and acceptance of the Rules by the User, Fitatu grants the User a non-exclusive licence to use the Application in accordance with its intended purpose for the Free Services and Paid Services referred to in Sections V and VI (“Licence”). The Licence is non-transferable and is granted for the duration of the User's use of the Application in accordance with its intended purpose and in a manner consistent with these Rules.
  3. The licence referred to in paragraph 2 above does not entitle the User to grant further licences.
  4. The transmission to third parties of the content of the Platforms is only permitted through the use of the tools included in the Platforms and intended for this purpose.
  5. The User is not entitled to do anything outside the scope of the Licence, in particular to decompile or disassemble the software running within the Application or to reverse engineer the source code thereof. The User is not entitled to decompile or disassemble the Application in order to use it as intended without the express consent of Fitatu. The preceding sentences do not exclude the mandatory provisions regarding decompilation or disassembly.
  6. The User may not reproduce, sell or otherwise market or distribute the Application, in whole or in part, in particular to transmit or make it available on computer systems and networks, mobile application distribution systems or any other data communication systems.
  7. In the event that the User violates the rules of the Platforms or the terms of the Licence granted, Fitatu shall be entitled to block the User's access to the Application or the Site and to revoke the Licence granted for the use of the Application. The foregoing is without prejudice to Fitatu's right to take other appropriate and lawful action in relation to the breach.

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VI. Rules for the provision of Services

  1. The use of the Platforms for the Free Services does not entail any obligation to pay any fees to Fitatu. The costs and detailed rules for the provision of Paid Services are described in Section VII.
  2. The User may post Materials on the Platforms. Materials should be accurate, reliable and not misleading.
  3. Fitatu reserves the right to moderate and remove Material that does not comply with these Rules, in particular when:
    1. their content is contrary to the law, ethical standards and good morals,
    2. there is advertising content in the Materials, including advertisements for companies, products, websites or other online platforms,
    3. they promote sexually explicit content, including by implementing or providing paid functions that mainly encourage the sharing of controversial content,
    4. they contain threats, attempts to harass or tease (especially in relation to minors),
    5. their main purpose is to harass or isolate a specific person in order to abuse, attack or ridicule them.
  4. The User accepts that he/she is granted access to the Platforms and Fitatu proceeds to provide the Paid Services immediately.
  5. As far as Paid Services are concerned, Fitatu provides them immediately, nevertheless receiving access to the purchased functionalities involves the necessary time for their generation. However, this time does not exceed 3 days.
  6. The User may unsubscribe from the Services at any time without incurring any additional costs. The preceding sentence shall not apply to contracts concluded for a fixed period (one-off payment). In order to unsubscribe from Paid Services, the User must first unsubscribe from the relevant subscription or prepaid service. The deletion of the Account is not the same as the cancellation of Paid Services.

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VII. Paid Services

  1. As part of the Paid Services, Fitatu allows Users to purchase the following Subscription plans:
    1. Fitatu Premium or
    2. Fitatu Premium + AI
  2. The additional functionalities of the individual Subscription plans are stated each time within the offer presented to the User prior to the conclusion of the contract for the provision of Paid Services. The current functionalities of the Subscription plans are available in the table in Section III of these Terms and Conditions.
  3. The contract for the provision of a Paid Service may be concluded for an indefinite period or for a fixed period. Information is available in the Application on the Paid Services offer page and on the Website at www.fitatu.com/app/order-and-payment. A contract for a fixed period is concluded if a plan with a single payment is selected. A contract for an indefinite period is concluded if a subscription plan is selected. Plans with a single payment (contract for a fixed period) can only be used by the User via the Website.
  4. The availability of Paid Services depends on the language version of the Google Play platform or AppStore from where the App was downloaded and can be verified in the settings.
  5. A contract for the provision of a Paid Service concluded for an indefinite period of time may be terminated at any time with effect at the end of the period that has already been paid for at the latest 24 hours before the end of the paid period. The notice of termination shall be submitted via the third party (i.e. the provider of the Google Play, AppStore or other platform) that mediated the conclusion of the contract for the provision of the Paid Service or the processing of the payment.
  6. A contract for the provision of a Paid Service concluded for a limited period of time may not be terminated before the end of the period for which it was concluded. The User's submission of a declaration to the above effect shall not result in an obligation to refund payments made by the User.
  7. The preceding provisions do not exclude the statutory right of withdrawal, which is regulated in point XIII below.
  8. Payment for the use of the Paid Service can be made via Google Play, the AppStore, the Service or Apps provided by other intermediaries for the conclusion of the contract for the provision of the Paid Service and the processing of payments.
  9. If, for reasons other than solely attributable to the User, the Paid Service Agreement is terminated or expires or it is no longer possible to continue to provide the Paid Service, the User shall be entitled to a refund of the price paid in proportion to the time of the Paid Service paid for and remaining until the end of that Agreement.
  10. Fitatu itself or through a third party, i.e. the Google Play platform provider, AppStore will refund the price within a maximum of 14 days from the date such obligation arises.
  11. The User has the option to change the type of Subscription from Fitatu Premium to Fitatu Premium+AI and vice versa during the term of one of them. Changing the type of Subscription involves the termination of the previous Paid Service Agreement for an indefinite period and the conclusion of a new Paid Service Agreement for an indefinite period.
  12. If the User wishes to change the Subscription formula, he/she must do so via the originally selected payment method, i.e. via the Google Play app, the AppStore or the Service.
  13. If you change your Subscription type via the Google Play app, unused funds from the previous Subscription type will be recalculated according to the new Subscription amount and will adjust the length of the existing Subscription.
  14. With regard to changing the type of Subscription via the AppStore app:
    1. in the event of a change of Subscription from Fitatu Premium to Fitatu Premium+AI, the User shall pay for the new Subscription formula and any unused funds from the previous Subscription formula shall be proportionally recalculated and returned to the User,
    2. in the event of a change of Subscription from Fitatu Premium+AI to Fitatu Premium, the new Subscription formula will start after the end of the existing period depending on the subscription plan selected by the User.
  15. Fitatu reserves that the method for calculating and crediting the unused credit from the previous Subscription formula to the new formula depends on the technical and procedural solutions adopted in this respect in Google Play and the AppStore. Nevertheless, the resulting differences referred to in the preceding sentence shall not adversely affect the User. Details in this respect are available in Google Play and the AppStore respectively.
  16. In the event of a change of the Subscription formula via the Service by the User, Fitatu shall settle the unused funds from the previously used Subscription formula to the new Subscription formula on a pro-rata basis by extending the duration of the newly selected Subscription formula accordingly, immediately charging the entire monetary amount for the new Subscription formula to the User.
  17. The change of the Subscription formula referred to in points 11 to 17 above shall not apply to Paid Services Contracts concluded for a fixed period.
  18. The Paid Service constitutes a Digital Service and all provisions of section 5b of the Act apply to it.

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VIII. Free Services

  1. Fitatu reserves that the use of some of the Services provided to Users free of charge may require an active Account.
  2. The provisions of the Act will not apply to Fitatu Services provided free of charge.

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IX. Liability of Fitatu

  1. Fitatu's management and staff are committed to ensuring that the Services provided are fully responsive to the individual needs of Users. In particular, when providing information as part of the Services, Fitatu staff rely on the most up-to-date guidelines from the World Health Organisation, the National Institute of Public Health - National Institute of Hygiene and other organisations, institutions, as well as food producers themselves.
  2. Fitatu is not responsible for the content or timeliness of Materials published by Users. Fitatu is not responsible for the consequences of providing false, outdated or incomplete data (including contact information). Fitatu reserves the right to make editorial corrections to the Materials published on the Platforms.
  3. The use of the Services available on the Platforms and the published data for purposes other than those related to the use of Fitatu's services, in particular the copying, collection, processing and dissemination of data, is prohibited. Fitatu shall not be liable for any violation of this prohibition by third parties.
  4. However, it should be borne in mind that:
    1. The Services do not constitute medical services within the meaning of the Act of 15 April 2011 on medical activities,
    2. Fitatu, through the Services, presents only tips for a healthy lifestyle, in particular nutrition. The content provided does not constitute the provision of dietetics. If the User wishes to obtain specialised advice, he/she should contact a doctor or nutritionist,
    3. Fitatu staff do not have direct access to all User data and are not in a position to verify the data provided by users or to fully identify their health status,
    4. Even the best-balanced diet may prove ineffective if personal factors (e.g. genetic predisposition, medical conditions) or external factors (e.g. climate, pollution, excessive stress) are present.
  5. For the above reasons, Fitatu is not able to guarantee 100% effectiveness of the actions taken by Users, and we also reserve that taking certain actions based on the information provided within the Services may involve a burden on Users' health. In particular, in the event of adverse effects, we ask you to discontinue the activities undertaken on the basis of the information provided as part of the Services, and in justified cases, we suggest you consult a medical professional.
  6. Fitatu shall not be liable to the User for interruptions in access to the Platform caused by failures in telecommunications links. The above limitation of liability does not apply to Consumers.

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X. Privacy and Confidentiality

  1. By using the Services, the User acknowledges that the basis for the processing of his/her personal data is the performance of the concluded contract for the provision of electronic services or taking action at the request of the User prior to its conclusion, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, referred to in the Polish implementation as RODO), the act of 10 May 2018 on the protection of personal data and other relevant data protection legislation.
  2. The controller of the personal data is Fitatu.
  3. The detailed data protection rules for Users of our Platforms are provided for in the Privacy Policy.

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XI. Complaints

  1. This Section of the Rules shall only apply to Paid Services.
  2. Within the scope of the following section of the Rules, “Services” shall be understood exclusively through Fitatu's services constituting Digital Content or Digital Services within the meaning of the Act.
  3. Fitatu shall be liable to the User, who is a Consumer, for the non-conformity of the Services with the Contract if the defect is discovered before the expiry of two years from the date of delivery of the Services to the User. The non-conformity of the Services with the Contract that becomes apparent before the expiry of one year from the delivery of the Digital Content or Digital Service shall be presumed to have existed at the time of delivery.
  4. If the Services do not comply with the Contract, the User may request that they be brought into conformity with the Contract. The complaint should include: the User's details, information about the Services and the Order, a description and date of the defect in the Services and the User's request. The User must also provide the original or a copy of the Proof of Purchase or other proof of purchase of the Services complained of.
  5. Complaints should be submitted:
    1. in the case of a paper form - by mail to the address of Fitatu: ul. Wyspiańskiego 10/5, 60-749 Poznań
    2. in the case of the electronic mail form - to Fitatu's email address: [email protected] Fitatu undertakes to consider the complaint submitted by the User within 14 days of its receipt. If no information is provided within the period referred to in the preceding sentence, Fitatu shall be deemed to have acknowledged the complaint.
  6. Fitatu may refuse to bring the Digital Content or Digital Service into conformity with the Contract if bringing the Digital Content or Digital Service into conformity with the Contract is either impossible or would require unreasonable costs for Fitatu. In assessing the unreasonable cost to Fitatu, all the circumstances of the case shall be taken into account, in particular the significance of the non-compliance of the Digital Content or Digital Service with the Contract and the value of the Digital Content or Digital Service complying with the Contract.
  7. Fitatu shall bring the Digital Content or Digital Service into conformity with the Contract within a reasonable time after Fitatu has been informed by the User of the non-conformity with the Contract, and without undue inconvenience to the User, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Contract shall be borne by Fitatu.
  8. If the Digital Content or Digital Service does not comply with the Contract, Fitatu may make a declaration to reduce the price or withdraw from the Contract when:
    1. it is impossible or requires unreasonable costs to bring the Digital Content or Digital Service into conformity with the Contract pursuant to points 6 and 7 above,
    2. Fitatu has failed to bring the Digital Content or Digital Service into compliance with the Contract,
    3. the non-conformity of the Digital Content or Digital Service with the Contract continues even though Fitatu has attempted to bring the Digital Content or Digital Service into conformity with the Contract,
    4. the non-conformity of the Digital Content or Digital Service with the Contract is such as to justify either a reduction in price or withdrawal from the Contract without first having recourse to the remedy set out in points 6 and 7 above,
    5. it is clear from Fitatu's statement or circumstances that it will not bring the Digital Content or Digital Service into conformity with the Contract within a reasonable time or without undue inconvenience to the User,
  9. The reduced price must be in such proportion to the price under the Contract as the value of the Digital Content or Digital Service which is not in conformity with the Contract remains to the value of the Digital Content or Digital Service which is in conformity with the Contract. If the Contract provides that the Digital Content or Digital Service is provided in parts or on a continuous basis, the reduced price must take into account the time during which the Digital Content or Digital Service has remained inconsistent with the Contract.
  10. Fitatu shall reimburse the price due as a result of the exercise of the right of withdrawal or price reduction immediately, but no later than within 14 days of receipt of the User's declaration of withdrawal or price reduction. The preceding provision shall not apply to payments through the Application Distributor in the form of Apple, due to the separate return method that operates at this Distributor. Fitatu shall make every effort to ensure Users' rights, but cannot directly influence the operation of this method of payment and returns.
  11. The User may not cancel the Contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the non-conformity of the Digital Content or Digital Service with the Contract is not material. The non-conformity of the Digital Content or Digital Service with the Contract shall be presumed to be material.
  12. If the non-conformity with the Contract relates only to some of the Services supplied under the Contract, the User may withdraw from the Contract only in respect of those Services.
  13. Fitatu shall refund the price using the same method of payment used by the User, unless the User has expressly agreed to a different method of refund that does not incur any costs for the User.
  14. Fitatu may make a change to the Digital Content or Digital Service that is not necessary to comply with the Contract only if the Contract so provides and only for the legitimate reasons indicated in the contract. Fitatu shall not make changes to Digital Content or Digital Service provided on a one-off basis.
  15. If the change referred to in the preceding paragraph materially and adversely affects the User's access to or use of the Digital Content or Digital Service, Fitatu shall inform the User of its right to terminate the Contract without notice within 30 days of the change.
  16. The User's entitlement under the preceding paragraph shall not apply if Fitatu has provided the User with the entitlement to retain, at no additional cost, the Digital Content or Digital Services in an unaltered state.
  17. The provisions of this section of the Rules do not apply to Users who are Entrepreneurs. The provisions of this Point of the Rules shall not apply to Users who are Entrepreneurs. The preceding sentence shall not apply to Entrepreneurs with Consumer Rights.

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XII. Delivery and Users' rights related to non-delivery of Digital Content or Services

  1. Fitatu considers the Services to have been delivered in the event of:
    1. Digital Content: at the time it is accessed or downloaded by the User, or a device of the User's choice, in accordance with generally applicable law.
    2. Digital Service: as soon as the User, or a device of the User's choice, has accessed it.
  2. Within the scope of the following section of the Rules, “Services” shall be understood exclusively through Fitatu's services constituting Digital Content or Digital Services within the meaning of the Act.
  3. If Fitatu has failed to deliver the Services (in whole or in part), the User, after having requested Fitatu to deliver, has the right to withdraw. If Fitatu fails to deliver the Services in question immediately or within an additional period of time expressly agreed by the parties, the User may withdraw from the Contract.
  4. The User also has the right to withdraw without prior notice if:
    1. it appears from Fitatu's statement that the Digital Content or Digital Service in question will not be delivered, or
    2. it is clear from the circumstances of the conclusion of the contract for Digital Content or Digital Services that the timeframe for the delivery of such services was of material importance to the User and Fitatu failed to deliver them within that timeframe.
  5. The provisions of this Section of the Rules shall not apply if the subject matter of the Contract is the provision of Digital Content via a tangible medium.
  6. The provisions of this section of the Rules do not apply to Entrepreneurs. The provisions of this point of the Rules shall not apply to Entrepreneurs. The preceding sentence shall not apply to Entrepreneurs with Consumer Rights

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XIII. Withdrawal

  1. The User in respect of any Paid Services shall be provided with a right of withdrawal within 14 days of the conclusion of the Contract subject to paragraphs 4 and 5 below.
  2. In order to exercise the above right referred to in the preceding paragraph, the User must submit a declaration of withdrawal from the Contract within the indicated period:
    1. in the case of a paper form: by mail to the address of Fitatu: Wyspiańskiego 10/5, 60-749 Poznań
    2. in the case of email, by correspondence to Fitatu: [email protected]
  3. The entitlement under paragraph 1 shall apply only to Users who are Consumers.
  4. Pursuant to Article 38 paragraph 1 point 13, in order to receive the Paid Services that are Digital Content, before the expiry of the statutory period of 14 days for withdrawal, the User shall be obliged to give his/her consent to the commencement of the provision in this respect on the part of Fitatu, before the expiry of the above period. By giving consent in this respect, the User's right of withdrawal shall be forfeited.
  5. The details of the exercise of the right of withdrawal from the Sales Contract - as a distance contract - are set out in the provisions of the Act.

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XIV. Supervision of the posting of Materials

  1. Fitatu is not responsible for the Materials posted on the Platforms by Users when Fitatu:
    1. Has no actual knowledge of illegal activities or illegal User Materials and, with respect to claims for damages, is not aware of facts or circumstances which clearly indicate illegal activities or illegal User Materials, or
    2. Shall take prompt and appropriate action to remove or disable access to the illegal Materials when it obtains such knowledge or information.
  2. Fitatu reserves the right, at its own discretion and at times of its choosing, to verify Materials posted on the Platforms. Verification activities are undertaken by Fitatu with due diligence and in good faith. The verification is carried out in order to detect, identify and remove, limit or prevent access to illegal content, if any. The verification activities described in this section do not give rise to Fitatu's liability for the Materials as referred to in section 1 above.
  3. If the User becomes aware, while convinced in good faith that certain Materials of another User constitute content that is not compliant with clauses 4 and 5 below, the User may notify Fitatu:
    1. By email to: [email protected]
    2. Via the contact form on the Website.
  4. In order to facilitate the reporting procedure, Fitatu shall provide the User with an infringement report form, which is attached as Annex 1 to these Rules.
  5. The notification referred to in the paragraph above should include, in particular:
    1. A sufficiently reasoned explanation of the reasons why the person or entity alleges that the Materials are not compliant with the Rules;
    2. A clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Materials,
    3. The name and email address of the person or entity making the report, with the exception of a report concerning information believed to be related to one of the offences,
    4. A statement affirming the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
  6. Fitatu shall carry out the verification of applications and follow-up in accordance with the provisions of these Rules and inside the adopted rules for the verification of complaints and motions.
  7. If the User intends to upload Materials to the Platforms, he/she is obliged to act in accordance with the rules of social coexistence and good morals, including the proper and substantive use of written language.
  8. The User may not post Materials which constitute illegal content as defined by the Digital Services Act (DSA), generally applicable legislation or is otherwise contrary to the Rules or good morals, which means that, in particular, you may not post Materials that:
    1. Are incompatible with the theme of the subject module or interest group - any contributions should be substantive and related to the content on the Platform,
    2. Contain links or other content of spamming nature,
    3. Are used to carry out activities that compete with Fitat, such as promoting competing websites,
    4. Are used to carry out unauthorised advertising, promotional or marketing activities, in particular by placing advertisements, selling and promoting products, services, projects or collections,
    5. Constitute any work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights in a manner which infringes the intellectual property rights of a person or third party who holds such rights,
    6. Defame or violate the personal rights of any third party,
    7. Offend the religious feelings of third parties,
    8. Incite hatred or mock the diet, figure or eating habits of other users,
    9. Are content that popularises or incites eating disorders,
    10. May cause discomfort to other Users, in particular by lacking empathy or respect for other Users;
    11. Are otherwise contrary to law or illegal.
  9. If Fitatu becomes aware as a result of its own investigations or on the basis of a report that a User has committed violations of generally applicable regulations, including the Digital Services Act (DSA) and these Rules, Fitatu may decide on the following restrictions on the provision of services:
    1. Blocking of the User Account,
    2. Permanent deletion of the User Account,
    3. Preventing the User from using certain functionalities of the Platforms,
    4. Permanently preventing the User from using certain functionalities on the Platforms,
    5. Removing or blocking certain User Submissions.
  10. Fitatu shall take the decision referred to in point 9 above on the basis of the seriousness of the case and the degree of the breach of common law or of these Rules, guided by the principles of proportionality and adequacy.
  11. A specific restriction will only be made after the justification of the decision has been provided to the offending User. The User shall have the right to appeal against the decision of Fitatu under the terms of the justification.
  12. Fitatu reserves the right to inform the relevant law enforcement authorities or other competent public authorities if it becomes aware of any information giving rise to a suspicion that a crime has been, is being or may be committed which endangers the life or safety of persons by the User.
  13. In connection with the provisions of the Digital Services Act (DSA), Fitatu has designated a point of contact for direct communication with Member State authorities, the Commission, the Digital Services Board and also with Users in the form of an email address: [email protected]
  14. By posting any copyrighted Content on the Platform, the User grants Fitatu a royalty-free transferable, non-exclusive, unlimited in time or territory and including the right to grant sub-licences, licence to use the Content in all fields of exploitation known at the time of acceptance of the Rules, including the following fields of exploitation:
    1. use of Materials, including use of the Materials in Fitatu’s IT structures and in the IT structures of AI service providers, to estimate the caloric value of food, develop and improve calorie estimation algorithms, and train and improve artificial intelligence models;
    2. fixation and reproduction of the Materials on Fitatu's servers and IT structures in an unlimited number of copies, back-up copies by all digital techniques;
    3. making copies of the Materials, making changes to the Materials, leasing, lending;
    4. distribution and making the Materials available to third parties at their request, in any digitally recorded form;
    5. activating and making the Materials available to the public via the internet and via local networks in such a way that anyone can access them from a place and at a time individually chosen by them;
    6. combining and sharing the Materials with other Materials posted by other Users for the purposes of analysis, compilation, presentation;
    7. use and modification (including translation into other languages) of the Materials for the purposes of ensuring the correct functioning of the Platforms and the correct display of the Materials on the Platforms on any device and on any operating system on which the Platforms are accessible;
    8. marketing the Materials.
  15. The User authorises Fitatu to grant sub-licences. The User warrants that persons entitled by virtue of moral rights in the Materials shall not exercise such rights against Fitatu, its successors and licensees.
  16. The User shall have the right to terminate the licence granted to Fitatu in accordance with point 4 above, but the termination of the account on the Platforms shall not constitute such termination.

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XV. Amendments to the Rules

  1. Fitatu reserves the right to amend the Terms and Conditions for important reasons, in particular to:
    1. change the way in which the Services are provided,
    2. extend or change the functionalities of the Platforms,
    3. make technical changes affecting the provision of the Services,
    4. accommodate changes in law,
    5. adapt to other extraordinary circumstances forcing Fitatu to make changes.
  2. Amendments shall enter into force at the time expressly stated by Fitatu no earlier than 7 days after their announcement.
  3. If the User does not agree with the changes made to these Terms and Conditions, he/she may terminate the Agreement and cease further use of the Platforms, which also applies to agreements of limited duration.
  4. The notice of termination of the Agreement should be sent to the email address: [email protected]
  5. The User with an Account will be informed of any changes to the Terms and Conditions.

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XVI. Settlement of disputes

  1. Any disputes relating to or arising from your use of the Services shall be resolved by the court with jurisdiction in accordance with the Civil Procedure Code act.
  2. The User who is a Consumer has the possibility to use the out-of-court complaint and redress procedure before the Permanent Consumer Arbitration Court. Information on how to access the above dispute resolution mode and procedures can be found at the following address: https://uokik.gov.pl/ under “Settlement of consumer disputes”. The User who is a Consumer also has the possibility to use the EU online ODR platform, available at the following internet address: http://ec.europa.eu/consumers/odr/.

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XVII. Final provisions

  1. The transfer of rights and obligations under the Rules does not require the prior consent of the User. However, the User shall be informed of the transfer without delay.
  2. A separate written Agreement concluded between Fitatu and a specific User may modify the provisions of the Rules in the relationship between Fitatu and the specific User (so-called enterprise agreement). The provisions of the separate Agreement do not affect the rules of the Rules in relation to other Users.
  3. These Regulations shall be governed by the laws of the Republic of Poland.
  4. These Rules are effective as of and shall apply to Contracts concluded after that date.

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Annexes

  1. Annex 1 - infringement report on user content