Please read the regulations carefully (hereinafter referred to as the "Regulations") prior to the commencement of use of our Services. The use of services offered by Fitatu application is equivalent to the acceptance of the following Regulations in its entirety.

Contents:

  1. Basic information.
  2. Definitions.
  3. Operation of the Application.
  4. Account Creation by the User of the Application.
  5. Rules of Providing Services.
  6. Fitatu Diet - Paid Service.
  7. Paid Service Satisfaction Guarantee.
  8. Liability of Fitatu.
  9. Privacy and Confidentiality.
  10. Complaints.
  11. Supervision over Published Content.
  12. Amendments to the Regulations.
  13. Dispute Resolution.
  14. Final Provisions.

I. Basic information. Who, what and how

  1. We act as a company – Fitatu Sp. z o.o. with its registered office in Poznań (60-749) at ul. Wyspiańskiego 10/4, entered into the Register of Entrepreneurs kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS No. (National Court Register No.): 0000635344, NIP No. (Tax Identification No.): 7792444235, REGON (statistical No.): 364839278. We are the owner and operator of Fitatu Application, www.fitatu.com domain and Fitatu mobile application. hereinafter also referred to as "Fitatu".
  2. Fitatu activity consists in providing SPN services– Smart Personal Nutrition (hereinafter referred to as the “Free Services”) by making software electronically available within the application, which enables, among others:
    1. verifying and saving the nutritional content of products and meals,
    2. verifying and saving the consumption of vitamins and microelements,
    3. recording the User's nutritional history, and the history of the User's physical activities,
    4. collecting recipes allowing for the preparation of meals,
    5. collecting training activity from User's input or from other programs or devices connected to the Application.
  3. Fitatu's activity is also based on the provision of a paid service described in point VI (hereinafter referred to as the “Paid Service” or “Paid Services”) by making it electronically available.
  4. Free and Paid Services shall be hereinafter jointly referred to as the “Services”.
  5. These Regulations define the rules for the provision of Services by Fitatu to you – the users (hereinafter referred to as the “User” or the “Users”). By using the Application, you accept the terms and conditions of use presented below, hereinafter also referred to as the “Regulations”, as well as the Privacy Policy.

II. Definitions

Within the scope of these Regulations, we use certain terms (written in capital letters) to which we give specific and precise meaning. Some of them were already explained above, but we will also use the following terms:

  1. APPLICATION - is an external mobile device software offered by Google Play, App Store or any other platform allowing the use of Services, including the possibility to access them via www.fitatu.com website.
  2. ACCOUNT - is the User's account in the Application, which enables logging into the Application and undertaking available activities. The Account is always kept under a unique name (a login).
  3. PRIVACY POLICY - is a document in which we explain what kind of personal data of the Users we collect and process for the purposes of comfort of use and on what basis the data are processed and used by us. In addition, the document specifies the rules for collecting and processing the so-called cookies.
  4. REGISTRATION - the procedure of creating an Account in the Application.

III. Operation of the Application

  1. Access to the Application is open to anyone who has reached the age of 16 or has reached the age at which it has limited capacity to perform legal acts and has obtained a consent of a guardian to use the Application, provided that the specific provisions of the country of residence of such person do not limit or exclude the possibility of making the Application or services provided via electronic communication means to such person.
  2. The use Paid Service is available for anyone who has reached the age of 16 or has obtained a consent of a guardian to use the Application, provided that the specific provisions of the country of residence of such a person do not limit or exclude the possibility of making the Application or services provided via electronic communication means to such person.
  3. Access to the Application requires having an installed and active Application, as well as the possibility of connecting to the Internet (each use of the Services requires ongoing access to the Internet) and owning an active e-mail box.
  4. The use of certain functionalities of the Application may require acceptance and compliance with the regulations of other service providers who cooperate with the Website and services of which the User wishes to use.
  5. In order to fully use the Services, including the Paid Service, it is necessary to set up and maintain the User Account.

IV. Account creation by the User in the Application

  1. A creation of the Account in the Application requires Registration via the Application. In order to register, it is necessary to fill in a registration form with your e-mail address and password. An e-mail address given by the User will be used as a login while a password will secure access to the Account.
  2. The User can also set up the Account via Facebook using the login button and giving consent to connecting the account on Facebook social networking site with the Account. In subsequent logins to the account on Facebook, the User will have the possibility to automatically connect to the Account.
  3. The User obtains access to the Account after logging to the Application, i.e. after entering the login, being the e-mail address indicated at the time of the Registration and the password protecting access to the User Account.
  4. Starting from the first logging to the Application, the User has to complete the Account with the data concerning its person (sex, weight, age, physical activity, etc.) which is necessary for the proper performance of the Services. We undertake to protect these data with special care, and the User may at any time block access to these data for Fitatu by removing the Account. We reserve that a failure to provide specific information may result in inability to provide specific Services by Fitatu.
  5. Please do not communicate your password to the User Account to unauthorised persons. All activities performed through the Account will be treated as done by the owner of this Account, so if there is a suspicion that the password securing access to the Account has been taken over by someone else, please inform us immediately.
  6. The use of the Accounts of other Users or making the Account available to third parties is prohibited.
  7. We reserve the possibility of blocking the Account or accessing selected services provided as part of the Application if it is found that the security of the Account is threatened or the provisions of the Regulations or the generally applicable laws have been violated. In some cases, we may condition further use of the Account with the change of the access password securing access to the Account. In such a situation, after changing the password, the User immediately recovers the access to the Account.
  8. The User may delete the Account in the Application at any time by means of an option for this purpose in the Application settings.

V. Rules of providing Services

  1. The use of the Application in the scope of Free Services does not entail any obligation to pay any fees to Fitatu. The costs and detailed rules for the provision of the Paid Services are described in section VI.
  2. The User accepts the fact that it is given access to the Application and Fitatu undertakes to provide the Services immediately (in the case of the Paid Service after the conclusion of the Paid Service Agreement), without observing the deadline for withdrawing from the Agreement. Due to the above, in accordance with Article 38 (1) and (13) of the Consumer Rights Act of 30 May 2014, the User shall not be entitled to withdraw from the agreement for the provision of Services.
  3. The User may resign from receiving the Services at any time without incurring any additional costs by submitting a request to remove the Account or ceasing to use the Application.

VI. Fitatu Diet or Fitatu Premium - Paid Service (Services)

  1. As part of the Paid Services, we offer:
    1. updated diet along with a ready-made menu – individualised according to the User’s instructions, but within the parameters set by Fitatu, specified in the service settings under the name of “Fitatu Flex”
    2. additional functionalities ("Fitatu Premium") indicated each time as part of the offer presented to the User prior to the conclusion of the Paid Service Agreement; the offer of additional functionalities may be extended in the course of providing the Paid Service without additional costs on the User's side.
  2. Due to the fact that the diet (“Fitatu Flex” Service) is personalized to a given User and is arranged on the basis of information provided by the User, making available the content received as part of the Paid Service to third parties (other than adults taking care of the User, doctor, dietician or other specialist), including obtaining personalized diets for a third party, is prohibited and may result in health complications.
  3. The Paid Service Agreement may be concluded for an indefinite period of time or for a definite period of time. Information about the subscription lengths is available within the application on the website with the offer of paid diet and Premium services and on the website at www.fitatu.com/app/plans. .
  4. Availability of Paid Services depends on the language version of Google Play or AppStore, where the Application has been downloaded and can be checked in its settings.
  5. The Paid Service Agreement concluded for an indefinite period of time may be terminated at any time with effect at the end of the period which has already been paid.
  6. The Service Agreement concluded for a definite period of time may not be terminated before the expiry of the term for which it was concluded. A submission by the User of a statement in the above scope shall not result in the obligation to return the payment made by the User.
  7. Payment for the use of the Paid Service can be made via Google Play, AppStore, websites or apps made available by other intermediary parties in the execution of the Paid Service Agreement and the execution of payments.
  8. The Paid Service Agreement concluded for a definite period of time is automatically extended for an analogous period of time if the User does not submit a statement declaring that it does not want to extend it, no later than 24 hours before the end of the period for which it has been concluded, excluding one-time purchases (e.g. via www.fitatu.com website). The above statement should be submitted through a third party (i.e. an entity providing Google Play platform, AppStore or other platforms), which has acted as an intermediary in concluding a Paid Service Agreement or in the execution of payments.
  9. If, for reasons other than attributable solely to the User, the Service Agreement is terminated or expires, or if its further performance is not possible, the User shall be entitled to a refund of the price paid in proportion to the time of providing the Paid Service that has been paid and remaining until the end of this agreement.
  10. Fitatu will reimburse the price, itself or through a third party, i.e. the entity providing Google Play and AppStore platforms, within 14 days from the day from which such an obligation arose.

VII. Paid Service Satisfaction Guarantee

  1. 1. In the event that the User fails to achieve the objectives indicated within the purchased Flex diet Paid Service, Fitatu shall, at the request of the User, extend the period of providing the Paid Service by 6 months without demanding additional fees.
  2. 2. If the next 6 months have elapsed without achieving the objective, Fitatu shall, within 14 days of the expiry of this deadline, return to the User the price paid for the Paid Services, however not more than the price for 6 months of the Paid Service.
  3. 3. The User who meets all of the following conditions shall be entitled to the right described in sub-paragraphs a and b above:
    1. the User has used the Flex Paid Service for at least 6 months (the total uninterrupted period of providing the Flex diet Paid Services– regardless of the number and form of contracts in which the service was provided) and this period of time has elapsed,
    2. the User set objectives related to the loss of body weight or reaching a physical condition, which are realistic (according to Fitatu parameters), as well as consistent with its correct BMI index;
    3. the User carried out regular body weight measurements in periods not longer than every 14 days,
    4. the User informed Fitatu by e-mail about problems with the implementation the established diet,
    5. the User strictly followed the rules of the diet and the instructions of Fitatu,
    6. the User is not burdened with diseases or physical problems which impede losing weight (e.g. hyperthyroidism, Hashimato disease, hormonal problems, PCOS),
    7. the User does not have a training at the same time of the diet, which results in an increase in muscle tissue (in such situation, body girth decreases, but the body weight may remain unchanged or increase),
    8. the User was physically active in the scope declared in Fitatu settings,
    9. the User complied with the provisions of these Regulations,
    10. the User has an active Account in the Application under which it has entered into an agreement for the provision of the Flex diet Paid Service,
    11. the User has not previously prolonged its subscription under this performance test under any other login in the Application or one of the partner websites of the Application.
  4. In order to exercise the rights described in sub-paragraph (a) and (b), the User is obliged to send a request for reimbursement of fees for the “Flex diet” Paid Service” in accordance with this paragraph by e-mail to the address [email protected]

VIII. Liability of Fitatu

  1. Fitatu will make every effort to ensure that the Services provided correspond to the individual needs of the Users. In particular, by providing information within the framework of the Services, Fitatu's personnel is based on the most recent guidelines of the World Health Organisation, A. Szczygieł Institute of Food and Nutrition and other organisations, institutions, as well as food producers themselves.
  2. However, it should be noted that:
    1. The Services are not medical services within the meaning of the Act of 15 April 2011 on medical activity,
    2. Fitatu’s personnel does not have direct access to all the Users’ data and does not have the possibility to verify the data provided by the Users or to fully recognise their health status,
    3. Balancing the proposed diets in the “Flex diet” Paid Service in terms of calorific value, proteins, fats and carbohydrates may meet the objectives in an approximate, not an exact scope. In addition, minerals and vitamins are not subject to balancing, but only to display approximate values,
    4. Even the best balanced diet may prove ineffective in case of presence of personal (e.g. genetic predispositions, pathological conditions) or external factors (e.g. climate, pollution, excessive stress).
  3. For the above reasons, Fitatu is not able to guarantee 100% of the effectiveness of actions undertaken by the Users, and we reserve that taking specific actions on the basis of information provided under the Services may entail a burden on the Users' health. In particular, in the event of adverse effects, please stop the actions taken on the basis of information provided as part of the Services, and in justified cases we suggest contacting the doctor.

IX. Privacy and Confidentiality

  1. By using the Application, the User acknowledges that the basis for processing of his/her personal data provided in the Application is performance of the agreement for the provision of services by electronic means, or any action taken at the request of the User prior to the conclusion of the Agreement, in accordance with the provisions of the 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 GDPR), the Personal Data Protection Act of the 10th May 2018, (Journal of Laws item 1000) and other relevant provisions on the protection of personal data.
  2. The Controller of personal data is Fitatu.
  3. Detailed rules of protecting personal data of the Users of our Application are included in the Privacy Policy. The Privacy Policy shall be treated as an integral part of the Regulations.

X. Complaints

  1. Fitatu, as the Application operator and Service provider, accepta complaints regarding improper operation of our Application and non-performance or improper performance of the Services, including the Paid Service. The complaints should be submitted in an electronic form by e-mail to the address [email protected] or in writing to the address of the registered office of Fitatu. The complaint should include at least: first name, surname, address for correspondence, e-mail address, circumstances justifying the lodging of a complaint and the User's request (ending breaches, reduction of price or withdrawal from the agreement), as well as an indication of the method of refund of the price paid for the Paid Services. An example of the complaint form is placed at the following link.
  2. If the data provided in the complaint are incomplete and are required to be completed, we will request the User to supplement the complaint before it is processed.
  3. Correctly submitted complaints are being considered within 14 days following their receipt. The lack of considering a complaint is equal to taking it into account.
  4. A reply to the complaint shall be sent to the e-mail address assigned to the Account of a given User or to the address of residence indicated in a complaint submitted in writing.

XI. Supervision over Published Content

  1. As the operator of the Application, Fitatu has the right to control the content published by Users in the Application, including all texts, statements, recipes, photos, and audio or video materials (hereinafter referred to as the 'Content'). We review this Content for compliance with the Regulations, the law and the factual circumstances. Content may be removed from the Application as a result of such review. If you notice any Content that does not comply with these Regulations or the law, please let us know.
  2. Users are obliged to publish Content in the Application that is not protected by law or that they are entitled to use as a result of: (i) their copyright in such Content; or (ii) a license to use such Content to the extent permitted by this Section XI. For the avoidance of doubt, it is indicated that the publishing in the Application of Content infringing any rights of third parties, including both property and personal rights, constitutes a violation of these Regulations. If such violation is detected, Fitatu will remove the respective Content from the Application. At the same time, Fitatu informs that in cases provided for by the law, in particular after receiving an order from a competent authority, personal data of Users who violate third party rights may be made available to the person whose rights have been violated.
  3. Users are fully responsible for the Content they publish in the Application.
  4. By publishing any copyrighted Content in the Application, the User grants Fitatu a license that is free of charge, transferable, non-exclusive, unlimited in regard to time and territory, and includes the right to grant a sub-license to use the Content in any domains of exploitation required for the proper functioning of the Application based on and with the use of the Content, of the following domain of exploitation:
    1. Content preservation and multiplication on Fitatu servers and in Fitatu IT structures in an unlimited number of copies and backups with the use of all digital techniques.
    2. Content distribution and making it available to third parties at their request, in any digitally recorded form;
    3. Content activation and making it available to the public via the Internet as well as via local networks in such a way that everyone can access it at a time and place of their choosing;
    4. Combining and sharing Content with other Content published by other Users for the purpose of analysis, compilation, or presentation;
    5. Content usage and modification (including translation into other languages) in order to ensure the proper functioning of the Application and the correct display of the Content in the Application on each device and operating system supported by the Application;
  5. The User has the right to terminate the license granted to Fitatu in accordance with section 4 above, however the liquidation of the account in the Application is not equivalent to such termination.

XII. Amendments to the Regulations

  1. Fitatu reserves the right to amend the Regulations. Each change shall take effect within 14 days from the date of publication of the amended Regulations in the Application.
  2. The Users who have their Account in the Application shall be notified about each amendment made to the Regulations. In the absence of the consent, the User shall remove the Account from the Application.

XIII. Dispute Settlement

  1. Any disputes concerning or resulting from the use of the Services by the User shall be resolved by the court in accordance with the provisions of the Civil Procedure Code.
  2. It is possible to settle a dispute by way of an online dispute resolution system available at http://ec.europa.eu/consumers/odr/, whereby the dispute settlement authorities may not be available in the countries or sectors concerned.

XIV. Final Provisions

  1. Fitatu reserves that all texts and graphics included in the Application are the subject of copyright or rights resulting from the licence of Fitatu.
  2. These Regulations shall be governed by the laws of the Republic of Poland.
  3. These Regulations shall enter into force on 19 January 2020.