Terms and Conditions

Please read the following terms and conditions (hereinafter referred to as the "Terms and Conditions") carefully before you start using our Services. Using the Services offered by Fitatu is equivalent to accepting these Terms and Conditions in their entirety.

Table of Contents:

I. Basic Information. Who, What and How:

II. Definitions

III. Operation of the Application and Website

IV. User Account Creation

V. Intellectual Property/License

VI. Terms of Service Provision

VII. Paid Services

VIII. Free Services

IX. Fitatu's Liability

X. Privacy and Confidentiality

XI. Complaints

XII. Delivery and User Rights Related to Non Delivery of Digital Content or Services

XIII. Withdrawal

XIV. Supervision over Material Posting

XV. Amendments to the Terms and Conditions

XVI. Dispute Resolution

XVII. Final Provisions

I. Basic Information.

1. We operate as a limited company – Fitatu Sp. z o.o. with its registered office in Poznań (60-749) at ul. Wyspiańskiego 10/5, entered into the register of entrepreneurs kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000635344, NIP: 7792444235, REGON 364839278, correspondence address: Wyspiańskiego 10/5, 60-749 Poznań, email address: [email protected], phone number: +48221001555. We are the owner and operator of the Application and the Website. In the further part of the Terms and Conditions, we will also refer to ourselves as "Fitatu".
2. Fitatu's activity consists of providing SPN – Smart Personal Nutrition services (hereinafter referred to as "Free Services") by making them available electronically within the application software that enables, among other things:a) Verifying and recording nutritional values of products and dishes,b) Verifying and recording vitamin and micronutrient intake,c) Recording Users' nutrition history and Users' physical activity history,d) Downloading recipes for self-preparation of meals,e) Collecting data on training activity based on data entered by the User or downloaded from other programs or devices connected to the Application.
3. Fitatu's activity also involves providing a paid service described in section VII (hereinafter referred to as "Paid Service" or "Paid Services") by making it available electronically.
4. Free Services and Paid Services will hereinafter be collectively referred to as "Services".
5. These Terms and Conditions define the terms of Service provision by Fitatu to you – users (hereinafter referred to as "User" or "Users"). By using the Application, you accept the terms of use presented below, also referred to as the "Terms and Conditions", as well as the Privacy Policy.

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II. Definitions

Within these Terms and Conditions, we use specific terms (capitalized), to which we assign a concrete and precise meaning. Some of them have already been explained above, but we will also use the following terms:

1. Application is external software for mobile devices, offered within the Google Play, App Store or other Platforms, allowing the use of Services.
2. Agreement is a Service provision agreement concluded in accordance with the Terms and Conditions between Fitatu and a given User, with content defined by the Terms and Conditions.
3. Website is a website located at: fitatu.com, along with all its subpages, through which Fitatu provides Services to Users and allows Users to use the Services.
4. Platforms – whenever the word “Platforms” appears in the Terms and Conditions, it shall be understood to 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 all services (both paid or free) provided electronically by Fitatu to Users under the Agreement via the Website or Application.
7. Paid Services are all paid services provided by Fitatu via the Website or Application.
8. Free Services are all free services provided by Fitatu via the Website or Application.
9. Subscription is the available subscription plans for Paid Services,
10. Account is a set of resources in Fitatu's ICT system, identified by an individual name (login) and password assigned to the User, where User data is collected, including in particular information about available Services and Subscriptions, the creation of which requires the User to complete the appropriate registration form on the Website or Application.
11. Consumer or User – a natural person who has reached at least 16 years of age, possessing full legal capacity or – in cases provided for by law – limited legal capacity, as referred to in Article 22 (1) of the Civil Code Act of 23 April 1964, and an entrepreneur within the meaning of Article 385(5) of the Civil Code, who enters into an Agreement without a direct connection to their business or professional activity.
12. Materials are all data or information generated or provided (photos, recipes, descriptions, opinions, comments, audio files, etc.) by the User when using the Platforms, in particular opinions and comments. Within selected features of the Platforms, including AI-based features, the User may provide Fitatu with Materials in the form of audio recordings, photos, or text content, for the purpose of analyzing and estimating the nutritional values of products or meals. The processing of such Materials takes place solely to the extent necessary for the provision of the Services and to ensure their quality and security. Detailed information regarding the processing of personal data, including the scope of data, legal bases, and storage periods, is described in the Privacy Policy.
13. The Privacy Policy is a document in which we explain what personal data of Users we collect and process for comfortable service and on what principles this data is processed and used by us. Furthermore, the document defines the rules for collecting and processing cookie files.
14. Registration is the procedure for creating an Account in the Application.
15. Digital Content is data generated and provided in digital form.
16. Digital Service is a service allowing for:a) generating, processing, storing or accessing data in digital form,b) shared use of data in digital form that has been uploaded or generated by the Consumer or other Users of this service,c) other forms of interaction using data in digital form.
17. Entrepreneur with Consumer Rights – a User who enters into an agreement directly related to their business activity, but the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Economic Activity
18. The Act means the Consumer Rights Act of May 30, 2014.
19. DSA means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).

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III. Operation of the Application and Website

1. Fitatu provides Services via the Application and the Website. Both Platforms generally have similar features, according to the division indicated in the table below:

2. The Application can be downloaded from the online stores of Application Distributors.

3. The Website is available online at fitatu.com.

4. Given that the User obtains access to the Application from Application Distributors, the granted license is limited to a non-transferable license to use the Application on a device that uses Apple iOS or Android operating systems, in accordance with the terms of use also specified in the terms of use of the respective Application Distributor.

5. The Application Distributor is not obligated to provide any maintenance and support services in relation to the Application.

6. In the event of any failure of the Application to conform to any applicable warranty, the User may notify the relevant Application Distributor, and the Application Distributor, in accordance with its terms and policy, 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 obligation whatsoever with respect to the Application.

7. The User represents and warrants that (i) they 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) the User is not listed on any U.S. Government list of prohibited or restricted parties.

8. The User acknowledges and agrees that Application Distributors are independent third-party beneficiaries of the terms contained in this license and relating to the Application as set forth in the Terms and Conditions, and that each Application Distributor will have the right (and will be deemed to have accepted the same) to enforce the terms contained in this license regarding the Application as set forth in the Terms and Conditions against the User as a third-party beneficiary.

9. By downloading the Application from an Application Distributor, the User confirms having read and understood the following information regarding the Application Distributor and agrees to its content: These Terms and Conditions apply 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 its content, and to the maximum extent permitted by applicable law, the Application Distributor has no other warranty obligation with respect to the Service.

10. Users, in relation to all Services, may only be natural persons who are at least 16 years of age, possess full legal capacity or – in cases provided for by law – limited legal capacity, provided that the specific laws of the person's country of residence do not restrict or exclude the possibility of providing Platforms or services rendered via electronic communication to such person.

11. Access to the Application requires having an installed and active Application, as well as the ability to connect to the Internet (each use of the Services requires current Internet access), and having an email inbox. For using the mobile version of the Application, it is necessary to have a device running on an Android or iOS operating system.

12. Access to the Website requires Internet access (each use of the Services requires current Internet access), and having an email inbox. The User should have a functional and up-to-date web browser for the efficient operation of the Website (Mozilla Firefox, Google Chrome, Microsoft Edge, Opera, etc.).

13. Using certain features of the Platforms may require accepting and complying with the terms and conditions of other service providers who cooperate with Fitatu and whose services the User wishes to use.

14. To fully use the Services, including Paid Services, it is necessary to create and maintain an Account.

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IV. User Account Creation

1. Account creation requires Registration via the Application or the Website. To Register, you must fill out the registration form by providing your email address and password. The email address provided by the User will be used as the login, and the password will secure access to the Account.
2. The User may also create an Account via the social media website Facebook, by using the login button and consenting to connect the Facebook social media account with the Account. During subsequent logins to the Facebook social media account, the User will have the option to automatically connect to the Account.
3. The User gains access to the Account after logging in to the Application or the Website, i.e., after providing the login, which is the email address indicated during Registration, and the password securing access to the Account.
4. Starting from the first login to the Application or the Website, the User must complete the Account with personal data (gender, weight, age, physical activity, etc.) that are necessary for the proper performance of the Services. We undertake to protect this data with particular care. The User may also block access to them at any time by deleting the Account. We reserve that failure to provide certain information may result in Fitatu being unable to provide specific Services.
5. Please do not share the password securing access to the User's Account with unauthorized persons. All actions performed through the Account will be treated as performed by the owner of that Account, therefore, if there is a suspicion that the password securing access to the Account has been compromised by someone else, please inform us immediately.
6. Using other Users' Accounts or sharing an Account with third parties is prohibited.
7. We reserve the right to block an Account or access to selected services provided within the Platforms if it is determined that the Account's security is compromised, the provisions of the Terms and Conditions have been violated, or generally applicable law has been breached. In some cases, we may condition further use of the Account on changing the password securing access to that Account. In such a situation, after changing the password, the User will immediately regain access to the Account.
8. The User may delete the Account at any time using the dedicated option in the Platform settings.

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V. Intellectual Property/License

1. All rights to the Platforms, including its various features, in whole and in parts, particularly to textual, graphic, multimedia elements, and elements of programming applications generating and supporting the Platforms, including copyrights, related rights, industrial property rights, and all derivative rights (licenses) required in a given situation, belong to Fitatu.
2. Upon downloading the Application and accepting the Terms and Conditions by the User, Fitatu grants the User a non-exclusive license to use the Application in accordance with its intended purpose within the scope of Free Services and Paid Services, as referred to in Chapters VII and VIII. The license 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 Terms and Conditions. The license does not authorize the User to grant further licenses.
3. If the User uses the Website, Fitatu grants the User a non-exclusive license to use the Website in accordance with its intended purpose within the scope of Free Services and Paid Services, as referred to in Chapters VII and VIII. The license is non-transferable and is granted for the duration of the User's use of the Website in accordance with its intended purpose and in a manner consistent with these Terms and Conditions. The license does not authorize the User to grant further licenses.
4. Transferring content contained within the Platforms to third parties is permissible only by using the tools included in the Platforms and intended for this purpose.
5. The User is not entitled to actions exceeding the scope of the license, in particular to decompiling and disassembling the software operating within the Application/Website or reproducing its source code. The User does not have the right to decompile or disassemble the Application/Website for the purpose of using it as intended without the express consent of Fitatu. The preceding sentences do not exclude absolutely binding provisions regarding decompilation or disassembly.
6. The User does not have the right to multiply, sell, or otherwise market or distribute the Application/Website, in whole or in parts, in particular to transmit or make it available in computer systems and networks, mobile application distribution systems, the web, or any other ICT systems.
7. In the event of the User's violation of the rules for using the Platforms or the terms of the granted license, Fitatu will be entitled to block the User's access to the Application or Website and revoke the granted license to use the Application. The foregoing does not prejudice Fitatu's right to take other appropriate and legally provided actions in connection with the committed violation.

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VI. Terms of Service Provision

1. Using the Platforms within the scope of Free Services does not entail any obligation to pay fees to Fitatu. The costs and detailed terms of providing Paid Services are described in section VII.
2. The User may place Materials on the Platforms. Materials should be accurate, reliable, and not misleading.
3. The User may opt out of receiving Services at any time without incurring any additional costs. The preceding sentence does not apply to fixed-term contracts (one-time payment). To opt out of Paid Services, the User is first obliged to cancel the respective subscription. Deleting an Account is not equivalent to opting out of Paid Services.
4. The User is obliged to use the Services in accordance with their intended purpose, the Terms and Conditions, and applicable law. It is particularly forbidden to:a) use the Services in an automated manner, using bots, scripts, or other automation toolsb) undertake actions aimed at circumventing technical or functional limitations of the Services,c) use one Account by more than one User or share the Account with third parties,d) undertake actions disrupting the proper functioning of the Services.
5. In the event of a violation of this paragraph, Fitatu may, while observing the principles of proportionality, restrict access to the Services, block the Account, or terminate the Agreement with immediate effect.
6. Fitatu reserves the right to introduce changes to the Services, including modifying, adding, restricting, or removing individual features, for important reasons, particularly in the event of:a) the need to adapt the Services to technological or legal changes,b) improving the quality or security of the Services,c) changes in the scope of offered Services.
7. The changes referred to above will not lead to depriving the User of access to Paid Services that have already been paid for, unless it is necessary for legal or technical reasons beyond Fitatu's control.

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VII. Paid Services

1. Within the scope of Paid Services, Fitatu enables Users to purchase the following Subscription Plans:a) Fitatu Premium orb) Fitatu Premium + AI
   The scope of available Subscription Plans, their names, features, and terms of use may vary depending on the Platform, particularly between the Website and the Application. The detailed scope of Paid Services available on a given Platform is always presented to the User before concluding the Agreement.
2. Additional features of individual Subscription Plans are always indicated within the offer presented to the User before concluding the agreement for the provision of Paid Services. The current features of the Subscription Plans are available in the table in section III of these Terms and Conditions
3. The agreement for the provision of a Paid Service may be concluded for an indefinite or definite 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 definite period agreement is concluded when choosing a plan with a one-time payment. An indefinite period agreement is concluded when choosing a subscription plan. The User can only use plans with a one-time payment (definite period agreement) via the Website.
4. The availability of Paid Services in the Application depends on the language version of the Google Play or AppStore platform from which the Application was downloaded, and can be checked in its settings.
5. The agreement for the provision of a Paid Service concluded for an indefinite period may be terminated at any time with effect at the end of the period that has already been paid for, no later than 24 hours before the expiry of the paid period. The declaration of termination should be submitted via a third party (i.e., the entity providing the platform, e.g., Google Play, AppStore or others) that mediated the conclusion of the agreement for the provision of a Paid Service or the payment processing.
6. The agreement for the provision of a Paid Service concluded for a definite period cannot be terminated before the expiry of the period for which it was concluded. The User's submission of a declaration in this regard will not result in an obligation to refund payments made by them.
7. The User accepts the fact that they receive access to the Platforms, and Fitatu proceeds with the provision of Paid Services immediately; however, receiving access to the purchased features is associated with the necessary time for their generation or payment processing. This time does not exceed 3 days.
8. The preceding provisions do not exclude the statutory right of withdrawal, which is regulated in point XIII below.
9. Payments for the use of the Paid Service can be made via the Google Play application, AppStore, Website, or Applications provided by other entities mediating the conclusion of the agreement for the provision of the Paid Service and payment processing.
10. If, for reasons other than those solely attributable to the User, the Agreement for the provision of a Paid Service is terminated or expires, or its further performance becomes impossible, the User is entitled to a refund of the paid price proportionally to the time of Paid Service provision that has been paid for and remains until the end of this Agreement.
11. Fitatu, independently or through a third party, i.e., the entity providing the Google Play, AppStore platform, will refund the price within a maximum of 14 days from the date such obligation arises.
12. 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 terminating the previous Agreement for the provision of a Paid Service for an indefinite period and concluding a new Agreement for the provision of a Paid Service for an indefinite period.
13. If the User wishes to change the Subscription Plan, they should do so via the originally chosen payment method, i.e., via the Google Play application, AppStore, or Website.
14. In the event of a change in the type of Subscription via the Google Play application, unused funds from the previous Subscription type will be recalculated according to the new Subscription amount and will adjust the duration of the existing Subscription.
15. Regarding the change of Subscription type via the AppStore application:a) in the case of changing the Subscription from Fitatu Premium to Fitatu Premium+AI, the User pays for the new Subscription Plan, and unused funds from the previous Subscription Plan are proportionally recalculated and refunded to the User,b) in the case of changing the Subscription from Fitatu Premium+AI to Fitatu Premium, the new Subscription Plan is activated after the end of the current period, depending on the subscription plan chosen by the User.
16. Fitatu reserves that the method of calculating and crediting unused funds from the previous Subscription Plan to the new plan depends on the technical and procedural solutions adopted in this regard in Google Play and AppStore. Nevertheless, the resulting differences mentioned in the preceding sentence do not adversely affect the User. Details in this regard are available in Google Play and AppStore, respectively.
17. In the event of a change in the Subscription Plan via the Website by the User, Fitatu proportionally settles unused funds from the previously used Subscription Plan to the new Subscription Plan by appropriately extending the duration of the newly selected Subscription, immediately collecting the entire monetary amount for the new Subscription Plan from the User.
18. In the case of informing about a price reduction for Paid Services, next to the information about the reduced price, we also display information about the lowest price of this service that was in effect during the 30 days before the reduction was introduced.
19. The change in the Subscription Plan referred to in paragraphs 11 to 17 above does not apply to Agreements for the provision of Paid Services concluded for a definite period.
20. The Paid Service constitutes a Digital Service, and all provisions of Chapter 5b of the Act apply to it.
21. The prices of Paid Services may differ depending on the Platform through which the User makes the purchase, particularly between the Website and the Application, which may result from different commercial terms, sales rules, or pricing policies applied by Application Distributors. The current price is always presented to the User before concluding the Agreement for the provision of a Paid Service and is binding for the given transaction.

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VIII. Free Services

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

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IX. Fitatu's Liability

1. Fitatu's management and staff make every effort to ensure that the Services provided fully meet the individual needs of Users. In particular, when providing information within the Services, Fitatu staff rely on current guidelines from the World Health Organization, the National Institute of Public Health – National Institute of Hygiene, and other organizations, 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 details). Fitatu reserves the right to make editorial corrections to Materials published on the Platforms.
3. The use of Services available on the Platforms and published data for purposes other than those related to the use of Fitatu's services, in particular copying, collecting, processing, and disseminating data, is prohibited. Fitatu is not responsible for the violation of this prohibition by third parties.
4. However, it should be noted that:a) The Services do not constitute medical services within the meaning of the Medical Activity Act of April 15, 2011,b) Through the Services, Fitatu provides only guidelines for a healthy lifestyle, especially regarding nutrition. The presented content does not constitute a dietary service. If the User wishes to obtain specialist advice, they should contact a doctor or dietitian,c) Fitatu personnel do not have direct access to all User data and cannot verify the data provided by Users or fully assess their health status,d) Even the best-balanced diet may prove ineffective in the presence of personal factors (e.g., genetic predispositions, medical conditions) or external factors (e.g., climate, pollution, excessive stress).
5. For the above reasons, Fitatu cannot guarantee 100% effectiveness of actions undertaken by Users – Fitatu does not guarantee the achievement of any specific health, dietary, or training results, and all outcomes depend on the individual characteristics of the user. We also reserve that undertaking certain actions based on information provided within the Services may involve a burden on Users' health. In particular, in the event of adverse effects, please cease actions taken based on the information provided within the Services, and in justified cases, we suggest contacting a doctor.
6. Fitatu is liable only for actual damage caused by willful misconduct or gross negligence, excluding liability for lost profits, to the fullest extent permitted by applicable law. The total liability of Fitatu arising from these Terms and Conditions or related to the use of the Services, regardless of the legal basis of the claim, is limited to the amount equivalent to the fees actually paid by the User to Fitatu in the 12 months preceding the claim, and for Users using only Free Services – up to EUR 100. The provisions of this section do not apply to Consumers and Entrepreneurs with Consumer Rights.
7. Fitatu is not liable for the non-performance or improper performance of the Services if it is caused by an event of force majeure, which is understood as an external event, independent of Fitatu, impossible to foresee or prevent with due diligence, in particular such as: Internet network failures, IT system failures, power outages, actions or omissions of third parties, including hosting service providers, telecommunications operators, Application Distributors, as well as acts of God within the meaning of civil law provisions, including natural disasters, wars, riots, acts of public authority or cyberattacks. The provisions of this section do not exclude or limit Fitatu's liability towards Consumers and Entrepreneurs with Consumer Rights to the extent that such liability arises from absolutely binding legal provisions.

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X. Privacy and Confidentiality

1. By using the Services, the User acknowledges that the basis for processing their personal data is the performance of the concluded agreement for the provision of electronic services or taking action at the User's request before 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 with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as GDPR), the Personal Data Protection Act of May 10, 2018, and other relevant personal data protection regulations.
2. The controller of personal data is Fitatu.
3. Detailed rules for the protection of Users' personal data on our Platforms are contained in the Privacy Policy.

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XI. Complaints

1. This Section of the Terms and Conditions applies exclusively to Paid Services.
2. For the purpose of the following section of the Terms and Conditions, "Services" are understood exclusively as Fitatu services constituting Digital Content or Digital Services within the meaning of the Act.
3. Fitatu is liable to the User being a Consumer, in case of non-conformity of the Services with the Agreement, if the defect was found within two years from the date of delivery of the Services to the User. It is presumed that a lack of conformity of the Services with the Agreement, which became apparent within one year from the moment of delivery of the Digital Content or Digital Service, existed at the time of their delivery.
4. If the Services are not in conformity with the Agreement, the User may demand their bringing into conformity with the Agreement. The complaint should include: User's data, information regarding the Services and the Order, a description and date of the defect in the Services, and the User's request. The User is also obliged to provide the original or a copy of the Proof of Purchase or other proof confirming the purchase of the complained Services.
5. Complaints should be submitted:a) in paper form – by correspondence to Fitatu's address: ul. Wyspiańskiego 10/5, 60-749 Poznań,b) [email protected] in electronic mail form – to Fitatu's e-mail address: [email protected].
6. Fitatu undertakes to consider a 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 is deemed to have accepted the complaint.
7. Fitatu may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if bringing it into conformity with the Agreement is impossible or would entail excessive costs for Fitatu. When assessing the excessiveness of costs for Fitatu, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Digital Content or Digital Service with the agreement and the value of the Digital Content or Digital Service in conformity with the Agreement.
8. Fitatu brings the Digital Content or Digital Service into conformity with the Agreement within a reasonable time from the moment Fitatu was informed by the User about the lack of conformity with the Agreement, 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 Agreement are borne by Fitatu.
9. If the Digital Content or Digital Service is not in conformity with the Agreement, Fitatu may submit a declaration of price reduction or withdrawal from the Agreement when:a) bringing the Digital Content or Digital Service into conformity with the Agreement is impossible or requires excessive costs as per paragraphs 7 and 8 above,b) Fitatu has not brought the Digital Content or Digital Service into conformity with the Agreement,c) the non-conformity of the Digital Content or Digital Service with the Agreement persists, even though Fitatu attempted to bring the Digital Content or Digital Service into conformity with the Agreement,d) the non-conformity of the Digital Content or Digital Service with the Agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior recourse to the remedy specified in paragraphs 7 and 8 above,e) it clearly results from Fitatu's statement or circumstances that it will not bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time or without undue inconvenience to the User.

10. The reduced price must remain in such a proportion to the price resulting from the Agreement as the value of Digital Content or Digital Service inconsistent with the Agreement remains to the value of Digital Content or Digital Service consistent with the Agreement. If the Agreement stipulates that Digital Content or Digital Service are provided in parts or continuously, the price reduction must take into account the time during which the Digital Content or Digital Service remained inconsistent with the Agreement.

11. Fitatu refunds the price due as a result of exercising the right to withdraw from the Agreement or reduce the price immediately, no later than 14 days from the day of receiving the User's statement of withdrawal from the Agreement or price reduction. The preceding provision does not apply to payments made via an Application Distributor such as Apple, due to the separate refund method that operates with this Distributor. Fitatu makes every effort to ensure Users' rights, but cannot directly influence the functioning of this payment and refund method.

12. The User may not withdraw from the Agreement if the Digital Content or Digital Service is provided in exchange for payment of a price, and the lack of conformity of the Digital Content or Digital Service with the Agreement is insignificant. It is presumed that the lack of conformity of the Digital Content or Digital Service with the Agreement is significant.

13. If the lack of conformity with the Agreement concerns only some Services provided under the Agreement, the User may withdraw from the Agreement only in relation to those Services.

14. Fitatu refunds the price using the same payment method as used by the User, unless the User has expressly agreed to another refund method that does not involve any costs for them.

15. Fitatu may make changes to the Digital Content or Digital Service that are not necessary to maintain its conformity with the Agreement, only if the Agreement so provides and only for justified reasons indicated in that agreement. Fitatu does not make changes to Digital Content or Digital Service provided on a one-off basis.

16. If the change referred to in the preceding section significantly and negatively affects the User's access to or use of the Digital Content or Digital Service, Fitatu will inform the User of their right to terminate the Agreement without notice within 30 days from the date of the change.

17. The User's right resulting from the preceding section will not apply if Fitatu has provided the User with the right to retain, without additional costs, the Digital Content or Digital Services in an unchanged state.

18. The provisions of this section of the Terms and Conditions do not apply to Users who are Entrepreneurs. The preceding sentence does not apply to Entrepreneurs with Consumer Rights.
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XII. Delivery and User Rights Related to Non Delivery of Digital Content or Services

1. Fitatu considers Services delivered in the case of:a) Digital Content, at the moment when the User or a device chosen by them is provided with access to it or its download in accordance with generally applicable legal provisions,b) Digital Service, at the moment when the User or a device chosen by them has gained access to it.
2. For the purpose of the following section of the Terms and Conditions, "Services" are understood exclusively as Fitatu services constituting Digital Content or Digital Services within the meaning of the Act.
3. If Fitatu has not delivered the Service (in whole or in part), the User, after prior request to Fitatu for delivery, has the right to withdraw. If Fitatu does not deliver the Services immediately or within an additional, expressly agreed period by the parties, the User may withdraw from the Agreement.
4. The User also has the right to withdraw without prior request for their delivery if:a) Fitatu's statement indicates that the given Digital Content or Digital Service will not be delivered, orb) it is clear from the circumstances of concluding the agreement for Digital Content or Digital Services that the delivery deadline for these services was of significant importance to the User, and Fitatu did not deliver them by that deadline.
5. The provisions of this Section of the Terms and Conditions do not apply if the subject of the Agreement is the delivery of Digital Content via a tangible medium.
6. The provisions of this section of the Terms and Conditions do not apply to Entrepreneurs. The preceding sentence does not apply to Entrepreneurs with Consumer Rights.

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XIII. Withdrawal

1. The User is guaranteed the right to withdraw from all paid Services within 14 days from the date of concluding the Agreement, subject to paragraphs 4 and 5 below.
2. Exercising the above right, referred to in the preceding section, requires the User to submit a statement of withdrawal from the Agreement within the specified period:a) in paper form – by e-mail to Fitatu's address: Wyspiańskiego 10/5, 60-749 Poznańb) [email protected] in the case of email – by correspondence to Fitatu's address: [email protected]
3. The right resulting from paragraph 1 is granted exclusively to Users who are Consumers. The preceding sentence does not apply to Entrepreneurs with Consumer Rights.
4. Pursuant to Article 38(1)(13) of the Act, in order to receive Paid Services that are Digital Content, the User is obliged to express consent to the commencement of provision in this regard by Fitatu, before the expiry of the statutory 14-day period for withdrawal. Expressing consent in this regard entails the User's loss of the right to withdraw.
5. Details regarding the exercise of the right to withdraw from a Sales Agreement – as a distance contract – are specified by the provisions of the Act.

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XIV. Supervision over Material Posting

1. Fitatu is not responsible for Materials posted on the Platforms by Users in cases where Fitatu:a) has no actual knowledge of illegal activity or illegal User Materials, and in relation to claims for damages – is unaware of facts or circumstances that clearly indicate illegal activity or illegal Materials, orb) promptly takes appropriate action to remove or disable access to illegal Materials when it obtains such knowledge or awareness.
2. Fitatu reserves the right to verify Materials posted on the Platforms on its own initiative and at times chosen by it. Verification activities are undertaken by Fitatu with due diligence and in good faith. Verification is carried out to detect, identify, and potentially remove, restrict, or disable access to illegal content. The verification activities described in this section do not create liability for Fitatu for Materials as referred to in paragraph 1 above.
3. If a User, being convinced in good faith that certain Materials of another User constitute content inconsistent with the Terms and Conditions, the User may notify Fitatu of this fact by means of:a) an email message to the address: [email protected]b) via the contact form available on the Website.
4. To facilitate the reporting procedure, Fitatu provides the User with a violation report form, appended as Appendix 2 to these Terms and Conditions.
5. The report referred to in the section above should in particular contain:a) an exhaustive and reasoned explanation of the reasons why the individual or entity alleges that the Materials are inconsistent with the Terms and Conditions,b) a clear indication of the precise electronic location of the information, such as a precise URL or precise URLs, and, where applicable, additional information enabling the identification of the Materials,c) the name or designation and email address of the individual or entity making the report, with the exception of reports concerning information considered to be related to an offense,d) a statement confirming the good faith belief of the individual or entity making the report that the information and allegations contained therein are accurate and complete.
6. Fitatu verifies reports and takes follow-up actions in accordance with the provisions of these Terms and Conditions and the internal regulations adopted for verifying complaints and reports.
7. A User intending to post Materials on the Platforms is obliged to behave in accordance with the principles of social coexistence and good customs, including proper and substantive use of written language.
8. A User may not post Materials that constitute illegal content within the meaning of the Digital Services Act (DSA), generally applicable provisions, or are otherwise inconsistent with the Terms and Conditions or good customs, which means that, in particular, Materials that:a) are inconsistent with the theme of a given thematic module or interest group – statements should be substantive and related to the content appearing within the Platforms,b) contain links or other spam-like content,c) serve to conduct competitive activities against Fitatu, e.g., promoting competing websites,d) serve to conduct unauthorized advertising, promotional, marketing activities, in particular by posting advertisements, selling, and promoting products, services, projects, fundraisers,e) constitute any work within the meaning of the provisions of the Copyright and Related Rights Act of February 4, 1994 in a manner infringing the intellectual property rights of a third party individual or entity to whom such rights belong,f) defame or violate the personal rights of any third party,g) offend the religious feelings of third parties,h) incite hatred or mock the diet, physique, or nutritional methods of other Users,i) constitute content popularizing or inciting eating disorders,j) may cause discomfort to other Users, in particular through a lack of empathy or respect for other Users,k) are otherwise contrary to or inconsistent with the law.
9. If Fitatu obtains information as a result of its own verification activities or based on a report that a User has committed violations of generally applicable provisions, including the Digital Services Act (DSA) and these Terms and Conditions, Fitatu may decide on the following service restrictions:a) blocking the User's Account,b) permanent deletion of the User's Account,c) suspension of the User's ability to use specific features on the Platforms,d) permanent prevention of the User from using specific features on the Platforms,e) removal or blocking of specific User Materials.
10. Fitatu makes the decision referred to in paragraph 9 above dependent on the gravity of the matter and the degree of violation of generally applicable law or these Terms and Conditions, guided by the principles of proportionality and adequacy.
11. A specific restriction will only be imposed after prior presentation of the decision's justification to the User who committed the violation. The User has the right to appeal Fitatu's decision on the principles presented in the justification.
12. Fitatu reserves the right that if it obtains any information giving grounds to suspect that a crime endangering the life or safety of persons has been committed, is being committed, or may be committed by the User, it will inform the relevant law enforcement agencies or other competent public authorities about this fact.
13. In connection with the provisions of the Digital Services Act (DSA), Fitatu has designated a contact point for direct communication with member state authorities, the Commission, the Digital Services Board, and also with Users in the form of the email address: [email protected]
14. By placing any copyrighted Materials on the Platform, the User grants Fitatu a free, transferable, non-exclusive, time and territory unlimited license, including the right to sublicense, to use the Materials in all fields of exploitation known at the time of acceptance of the Terms and Conditions, including the following fields of exploitation:a) use of the Materials, including in Fitatu's IT structures and in the IT structures of AI service providers, for the purpose of estimating the caloric value of dishes, developing and improving calorie estimation algorithms, and training and enhancing artificial intelligence models,b) recording and multiplying the Materials on Fitatu's servers and IT structures in an unlimited number of copies, backup copies by all digital techniques,c) making copies of the Materials, introducing changes to the Materials, rental, lending,d) distribution and making the Materials available to third parties upon their request, in any digitally recorded form,e) launching and public sharing of the Materials via the Internet as well as via local networks in such a way that everyone can access them at a place and time of their choosing,f) combining and making the Materials available with other Materials placed by other Users for the purpose of conducting analyses, compilations, presentations,g) using and modifying (including translating into other languages) the Materials for the purpose of ensuring the proper functioning of the Platforms and the proper display of the Materials on the Platforms on any device and in any operating system where the Platform is available,h) placing the Materials on the market.
15. The User authorizes Fitatu to grant sublicenses. The User ensures that persons entitled to personal copyrights to the Materials will not exercise such rights against Fitatu, its legal successors, and licensees.
16. The User has the right to terminate the license granted to Fitatu in the form specified in point 4 above; however, the deletion of an account on the Platforms will not be equivalent to such termination. Termination of the license does not affect the use of the Materials prior to its termination

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XV. Amendments to the Terms and Conditions

1. Fitatu reserves the right to amend the Terms and Conditions for important reasons, and in particular:a) changes in the manner of providing Services,b) expansion or changes in the scope of Platform features,c) technical changes affecting the provision of Services,d) legal changes,e) other extraordinary circumstances forcing Fitatu to introduce changes.
2. The amendments come into effect at the moment explicitly indicated by Fitatu, no earlier than 7 days from the date of their announcement.
3. A User who does not agree to the amendments introduced in these Terms and Conditions has the option to terminate the Agreement and cease further use of the Platforms, which also applies to fixed-term agreements.
4. The statement of termination of the Agreement should be sent to the email address: [email protected]
5. A User with an Account will be informed of every amended content of the Terms and Conditions.

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XVI. Dispute Resolution

1. Any disputes concerning or arising from the User's use of the Services shall be resolved by a court of competent jurisdiction in accordance with the Code of Civil Procedure.
2. A User being a Consumer has the option to use out-of-court complaint resolution and claim enforcement before the Permanent Consumer Arbitration Court. Information on how to access the aforementioned mode and dispute resolution procedures can be found at the following address: https://uokik.gov.pl, under the tab "Consumer Dispute Resolution". A User being a Consumer also has the option to use the EU online ODR platform, available at the internet address: https://consumer-redress.ec.europa.eu/index_pl.

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XVII. Final Provisions

1. An assignment of the rights and obligations arising from the Terms and Conditions shall not require the User's prior consent. However, the User will be immediately informed of such assignment.
2. A separate written Agreement concluded between Fitatu and a specific User may modify the provisions of the Terms and Conditions in the relations between Fitatu and that specific User (a so-called enterprise agreement). The provisions of a separate Agreement do not affect the validity of the Terms and Conditions in relation to other Users.
3. These Terms and Conditions are governed by the law of the Republic of Poland.
4. These Terms and Conditions are effective from 20.03.2026 and apply to Agreements concluded after this date.

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Annexes