Regulations for client

For dietitian For client

TERMS AND CONDITIONS OF THE „ALLOWEAT” APPLICATION AND SERVICE
for the Client

§1 DEFINITIONS

Terms used in these Terms and Conditions, both in singular and plural form, shall have the following meanings:
1. Service Provider – Utrition LLC (limited liability company), with its registered office in Lublin, ul. Gospodarcza 26, 20-213 Lublin, entered in the Register of Entrepreneurs of the National Court Register under number KRS: 0000835147, NIP: 9462696354, REGON: 38582983000000, with share capital of PLN 5,000.00 (hereinafter referred to as Utrition or the Service Provider).
2. Alloweat – application developed and operated by the Service Provider, available as a web version at https://panel.alloweat.com and as a mobile version (hereinafter: the Application), through which the Service Provider provides services to Dietitians via electronic means under these Terms and Conditions and enables Clients of the Dietitian to use the application within the access granted by the Dietitian.
3. Alloweat mate – mobile application developed and operated by the Service Provider as a mobile tool providing Dietitians with an additional feature – a communicator enabling direct messaging with Clients. Use of this application is only possible when the Dietitian has an active alloweat Account and uses the alloweat Application, under these Terms and Conditions.
4. Dietitian – entrepreneur within the meaning of Article 431 of the Polish Civil Code (including: natural person, legal person or organizational unit without legal personality), operating in the field of dietetics or psychodietetics, for whom the Service Provider provides paid services. The Service Provider does not offer services to consumers. Using the services and tools provided in alloweat, the Dietitian provides Clients with dietary consultations and advice on healthy nutrition as part of their professional practice.
5. Civil code – the Act of 23 April 1964, the Polish Civil Code (consolidated text: Journal of Laws 2020, item 1740, as amended).
6. Account – either a Dietitian Account or a Dietitian’s Client Account.
7. Dietitian account – personal account created by the Dietitian within the alloweat Application, through which the Dietitian can, in particular: manage Client data, grant access to alloweat for Clients and create or edit their Dietitian Profile.
8. Dietitian’s client account – personal account created by the Dietitian for their Client, whose correctness and completeness can be verified by the Client via an access link sent through the alloweat application. The Account allows the Client to access services provided by both the Dietitian and the Service Provider, including access to Materials and use of the mobile app.
9. Login – email address or phone number identifying either the Dietitian or the Client, entered during the registration process and used for logging in to the respective account.
10. Materials – all documents, content, photos and information posted within the alloweat application by either the Service Provider or the Dietitian, intended to support the services provided by the Dietitian to the Client in the fields of dietetics and nutrition advice.
11. Dietitian client – natural person who: (a) has full legal capacity; or (b) lacks full legal capacity but has obtained the consent of their legal guardian; who uses the services of a Dietitian and whose data have been entered into alloweat by the Dietitian, and who has access to their personal Client Account created for them by the Dietitian.
12. Dietitian profile – functionality within the alloweat application containing, in particular: information about the Dietitian, as well as data and materials prepared and shared by the Dietitian with Clients according to these Terms and Conditions. The Dietitian manages the Profile independently via their Account and is solely responsible for the content, including adding personal products, recipes or educational materials and changing passwords or profile pictures.
13. Alloweat application and service terms for clients – these terms and conditions of the alloweat application for Clients.
14. Alloweat application and service terms for dietitians – the terms and conditions of the alloweat application for Dietitians, available at: https://alloweat.com/en/regulations-for-a-dietitian/, which regulate the provision of the Application by the Service Provider to Dietitians.
15. Website – Service Provider’s website available at www.alloweat.com, through which the Service Provider provides, in particular, informational and educational materials, contact forms (including event registration forms), access to the Community and purchase options for access to the Application (intended for Dietitians).
16. Consumer – natural person performing a legal act not directly related to their business or professional activity within the meaning of Article 221 of the Polish Civil Code.
17. Entrepreneur with consumer rights – natural person concluding an agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature, particularly based on the business activity profile registered in CEIDG (Central Registration and Information on Business).
18. Entrepreneur – entity that is not a Consumer within the meaning of the Civil Code, entering into an Agreement solely for purposes related to its business, professional or commercial activities.
19. GDPR – 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.
20. Agreement – agreement entered into under the terms defined in these Terms and Conditions between the Service Provider and the Dietitian’s Client upon confirmation of the creation of the Client Account, under which the Service Provider provides a service enabling the use of the alloweat tool through which the Dietitian provides services to the Client.
21. User – any person using the Application, including both Dietitians and their Clients.
22. Act – the Act on Provision of Electronic Services of 18 July 2002 (consolidated text: Journal of Laws 2020, item 344).

§2 SUBJECT MATTER OF THE TERMS OF USE

These Terms of Use define general rules and conditions for use of the alloweat application by the Dietitian’s Clients, in particular:
1. conditions for the provision of electronic services;
2. technical standards required to use the services;
3. rules for concluding and terminating agreements for the provision of electronic services;
4. Dietitian Client Accounts;
5. types of paid services;
6. submission and handling of complaints;
7. provisions regarding personal data of Dietitian Clients;
8. copyright regulations;
9. final provisions.
Alloweat is an application through which Utrition provides electronic services to Users, consisting of providing access to and enabling Dietitian Clients to use functionalities made available to them by their Dietitians.
Full access to the functionalities of the Services available in the Application requires the creation of a Client Account by the Dietitian.
Detailed terms of use of the Website, including the scope of Services provided through the Website, the rules of their provision and any applicable fees, are specified in the Terms of Use for the alloweat Application and Website for Dietitians. In the case of a Dietitian Client using the Website, the provisions of the aforementioned regulations shall apply. Use of the Website requires compliance with the rules set out therein.
Provisions of these Terms do not exclude or limit any consumer rights arising from generally applicable laws.

§3 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS OF THE APPLICATION

Range of functionalities available in the alloweat Application for the Client depends on the Dietitian’s subscription plan. The alloweat Application for Clients may include the following functionalities:
1. Creation of a Client Account by the Dietitian;
2. Access to the “Today” tab, which allows the Client to view the daily plan and track goal completion, access surveys and reports prepared by the Dietitian; access to the “Meals” tab, allowing for management of recipes, products and meal plans, including the option to add personal content, photos and ratings; hydration information and the option to create shopping lists;
3. Access to the “Explore” tab, allowing for recipe searches and submission of personal recipes, receiving meal suggestions and access to materials shared by the Dietitian;
4. Access to the “Goals” tab, allowing the Client to track progress toward set goals, including adding body measurements;
5. Access to the Chat function;
6. Access to profile settings.
Available functionalities in the Client Application depend on the Dietitian’s subscription plan. The Client cannot independently upgrade the plan or purchase services outside of the Dietitian’s package.
Application’s functionalities are continuously developed and may be subject to changes, of which the User will be informed. During the term of the Agreement, the Service Provider may modify the Service by adding new functionalities, improving existing ones or removing obsolete or unused features, while maintaining the overall functionality of the Application. Changes referred to in this point do not constitute a change of the Agreement and do not require an amendment to the Terms.
Using alloweat in the web version requires following technical specifications:
1. access to a device capable of browsing websites and displaying content at a minimum resolution of 1280 × 800 pixels;
2. browser that supports JavaScript and Cookies;
3. active Internet connection, with recommended minimum speed of 10 Mbps;
4. active email account.
Using alloweat in the mobile version requires following technical specifications:
1. for iOS: version 11 or higher;
2. for Android: version 8 or higher;
3. active Internet connection, with recommended minimum speed of 10 Mbps;
4. active email account.
To use the mobile application, a device capable of accessing the App Store or Google Play is required.
Utrition recommends using the Alloweat web version via the updated version of Google Chrome. Using the application through other software or outdated browser versions may cause some functionalities to not work properly.
Due to the public nature of the Internet, using alloweat may involve the risk of third-party interference in the data transmitted between Utrition and the Dietitian or the Dietitian’s Client. To mitigate this risk, the Service Provider recommends using only up-to-date antivirus software and regularly updating software on the User’s devices.
Use of software designed to block advertisements may seriously hinder or even prevent the use of services offered within alloweat. In such cases, the Service Provider recommends disabling such software.
Blocking cookies by the Dietitian or the Dietitian’s Client may hinder or prevent the use of the services provided by alloweat.
The Service Provider reserves the right to suspend the availability of the Application for necessary maintenance or to ensure the security of User data, while minimizing inconvenience for Users.
The Service Provider is not responsible for technical problems or limitations in the computer hardware, ICT system or telecommunications infrastructure used by the Dietitian, which prevent the use of the Application and the Services provided through it or for the unavailability of the Application due to force majeure. The Service Provider is also not responsible for malfunctions of telecommunications systems, mobile app distribution platforms or third-party software (other than the Application) installed on the Specialist’s mobile device.
Data transmission costs related to downloading, installing, launching and using the Application shall be borne by the User independently, based on agreements with telecommunications operators or other Internet service providers. Dietitian is responsible for any charges related to data transmission required for the use of the Application. The Service Provider recommends using the operating system’s built-in tools to monitor data usage.
Some of the Materials provided in the Application by the Service Provider, particularly photos, may be generated using AI tools.

§4 CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES VIA THE APPLICATION

Access to all functionalities of alloweat related to the services provided by Utrition requires registration in accordance with the provisions of these Terms of Use.
Utrition provides electronic services in accordance with these Terms of Use and applicable generally binding laws, in particular the Act.
Commencement of service provision via alloweat by Utrition requires the creation of an Account. The Dietitian’s Account is created personally by the Dietitian, while the Client Account is created by the Dietitian and activated by the Client via a link sent by the Dietitian in an email.
The Service Provider is not a party to the agreement for services provided by the Dietitian to the Client. The Service Provider only provides a tool that facilitates the Dietitian’s service provision to the Client. The Dietitian and the Client independently determine the terms of their cooperation and bear mutual responsibility for fulfilling their respective obligations arising from this cooperation.
The creation of a Dietitian Account requires the completion of registration form, while the Client Account requires the Dietitian to complete registration form for the Client. Depending on the user category, it also requires the provision of mandatory personal data, creation of a Login (via email address or phone number), password and acceptance of these Terms of Use and the alloweat Privacy Policy. Acceptance of these Terms and the Privacy Policy is voluntary but necessary to create an Account; failure to accept either prevents account creation.
Client Account activation is carried out by the Dietitian and the Client verifies data in accordance with the instructions sent via email to the address provided during registration. Email address provided during registration will be used for ongoing communication between Utrition and the User regarding the services provided.
Once the Client Account is activated, the Client is not permitted to share login and password with any third party. If the Service Provider detects multiple users accessing a single account, it has the right to block the Account.
Registration in alloweat for the Dietitian’s Client is free of charge and takes place under the subscription purchased by the Dietitian, subject to any applicable fees imposed by the Dietitian. After registration, each login to the Account will be performed using the credentials provided during registration.
By submitting the registration form, the User declares that:
1. data provided is complete and accurate;
2. data does not infringe on the rights of any third parties;
3. they have read and agree to comply with the alloweat Terms of Use and Privacy Policy, acceptance of which occurs upon account activation;
4. they will not use alloweat in a way that disrupts its operation, particularly by using unauthorized software or devices;
5. they agree not to submit or distribute any content prohibited by applicable law, including content promoting violence, defamatory material, content infringing on personal rights or third-party rights or pornographic content.
Utrition has the right to refuse the creation of an Account, block or delete an existing Account if it obtains justified and credible information that the User’s actions are unlawful, contrary to good practices, infringe on personal rights or legitimate interests of Utrition or third parties or violate these Terms. User who has been denied access to alloweat may also be denied the creation of another Account.
Utrition may also block the User’s access to alloweat services if the User publicly shares materials or content that violate or are inconsistent with the Terms of Use, despite having been previously and unsuccessfully requested to cease such violations.
Services provided by the Service Provider are intended for personal use of the Dietitian’s Clients and for use by Dietitians in the course of their professional activities in the field of dietetics or nutritional counseling. They may not be used, in whole or in part, for any other purposes. The Service Provider does not verify the qualifications, education or credentials of Dietitians for conducting professional activities in dietetics. Use of the Application does not guarantee the correctness or effectiveness of actions taken within the professional activity and serves only as a tool designed to facilitate the Dietitian’s work.
Services offered by the Service Provider do not constitute healthcare services as defined in Article 3(1) of the Act on Medical Activity and are not subject to that Act. They do not constitute medical consultations or advice. They may not form the basis for the Client to initiate or refrain from medical treatment, therapy, medication use, etc. All data entered into the Application by Users serve solely to organize information and cannot be considered healthcare services provided by the Service Provider.
Services offered by the Service Provider are not a substitute for an in-person visit to a doctor. Only direct contact between the Client and a physician, including physical examination, allows for diagnosis, treatment or other health-related actions.
All costs related to using alloweat, including internet access or device usage, are borne solely by the User.
User may, at their own risk, share the information and data entered into the Application with other individuals or entities. The Service Provider bears no responsibility for the content of shared data or information.
User is responsible for maintaining the security and confidentiality of their Account password. The Service Provider is not liable for unauthorized access to the Account resulting from third-party access to the password. In case of suspected disclosure of the password, the User agrees to promptly change it or contact their Dietitian or the Service Provider.
The Service Provider is not responsible for the content or form of materials and information uploaded to the Application by the User. The Service Provider is not liable for any claims by Users or third parties whose rights or legitimate interests are violated by such content. The Dietitian’s Client acknowledges and agrees that the Service Provider is not obligated to verify or moderate content submitted by Dietitians.
User bears full responsibility for any legal violations or damages caused by their actions within the Application, including the submission of false data, disclosure of professional or confidential information, violation of personal rights, copyrights or related rights.
The Service Provider explicitly states that the use of the Application and its services is at the sole risk of the User. All information and materials within the Application, as well as services provided through it, are not guaranteed in terms of value, usefulness, completeness or accuracy. The Service Provider bears no liability for any actions or omissions of Dietitians, nor for the accuracy, utility or truthfulness of content shared by Dietitians via alloweat.
The Service Provider is not liable for physical or legal defects in free services or for the quality of such goods or services. The Service Provider is also not responsible for the consequences of non-performance or improper performance of any obligations made via the Application or the capacity of parties to undertake such obligations.
The Service Provider makes no warranties regarding proper operation of the Application, either in whole or in part.
If the Service Provider receives official notification or credible information about the unlawful nature of data provided by the User and disables access to such data, it shall not be liable to that User for any resulting damages.
Users are obligated to use the Services in accordance with applicable law, good manners and principles of social coexistence, with due respect for personal rights, dignity and intellectual property rights of third parties. Users are strictly prohibited – without limitation in time or place – from distributing unlawful content.
The Service Provider reserves the right to temporarily suspend service availability to perform necessary maintenance or to ensure data security, while minimizing inconvenience for the User.
With respect to entities other than consumers, the Service Provider shall only be liable for damages caused solely by intentional misconduct. Liability for lost profits is excluded. The Service Provider disclaims warranty liability for entities that are not consumers.

§5 FORMATION AND TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Contract for the provision of electronic services is concluded in accordance with the provisions of the Act and these Terms of Use and becomes effective upon the creation and activation of an Account in alloweat. Upon activation of the Account in alloweat, the contract for the provision of electronic services is deemed concluded and commenced.
By registering an Account, User accepts the provisions of these Terms and agrees to comply with them. In the case of individuals accessing free content made available via alloweat, they consent to these Terms at the moment they begin using the Application and undertake to comply with them.
Each User may only have one Account. When providing the data referred to in § 4(5) and (6), the Dietitian or the Dietitian’s Client simultaneously declares that the data is true and accurate. Any discrepancy between data provided and actual state of affairs constitutes grounds for immediate deletion of the Dietitian’s Account or the Dietitian’s Client Account.
User may not share their Account or password with any third parties or entities.
To delete an Account in alloweat, the Dietitian’s Client should contact their Dietitian.
The Service Provider may terminate the Agreement with immediate effect in the event of persistent or material breach of the Agreement or these Terms by the User, despite the ineffective expiry of an additional 7-day period granted to cease such violations. Utrition reserves the right to block the Dietitian’s Account or the Dietitian’s Client Account in cases where the Dietitian or the Client uses the Account in violation of applicable law, these Terms, the rights of third parties, accepted standards of good conduct or if the login includes language generally considered offensive, unlawful, unethical or infringing on the personal rights of third parties. In the event the Dietitian’s Account is blocked, the Dietitian’s Client will also lose access to their Account, for which the Service Provider bears no responsibility. Any claims arising from such a situation must be directed to the Dietitian.
Utrition shall notify the Dietitian or the Dietitian’s Client of its intention to block the Account at least one day in advance, calling on them to cease or remedy the violation or its effects within three days of receiving the notice. If the violation is not remedied within this time, the Account will be blocked. Notice of the Account being blocked will be displayed on the Dietitian’s Account login page.
Blocking a Client Account, a Dietitian Account or terminating the service agreement with immediate effect does not affect the validity of the agreement between the Dietitian and the Client, nor their mutual settlements. In such cases, the Dietitian and the Client must independently determine the rules of their further cooperation. Utrition reserves the right to temporarily suspend the provision of services due to modernization or redevelopment of the platform, maintenance of the IT system or for other technical reasons. In such cases, Utrition is not liable for any inconvenience or damage suffered by the Dietitian’s Clients due to the temporary suspension of services.
Utrition shall not be liable for any actions or omissions by Dietitians, nor for the accuracy, usefulness or truthfulness of any information, materials, recipes or dietary plans published by Dietitians via alloweat.

§6 ACCESS TO FUNCTIONALITIES

All functionalities available within the alloweat application are provided in accordance with agreement concluded between the Client and the Dietitian, under the Dietitian’s subscription plan.
In case of any doubts or need to extend the application’s functionalities, the Client should contact their Dietitian directly.

§7 COMPLAINTS

Complaints related to the use of services provided by Utrition may be submitted by the User, at their discretion:
1. in writing to the registered office address of Utrition, with the note “COMPLAINT – alloweat”; the User may use the complaint form attached as an annex to these Terms of Use,
2. via email to the following address: legal@alloweat.com,
3. via the electronic contact form available on the website: www.alloweat.com.
Complaint will be reviewed within 14 (fourteen) days from the date of receipt and the User will be informed of Utrition’s position via email sent to the email address provided by the User in the registration form or via traditional mail, if such method of communication was chosen.
Provisions of paragraphs 1–2 above apply to both paid and free-of-charge services provided by the Service Provider and constitute the complaint handling procedure within the meaning of, among others, Article 8(3)(4) of the Act.

§8 WITHDRAWAL FROM THE AGREEMENT

All matters related to the exercise of rights and cooperation within the Application should be handled directly through communication between the Dietitian’s Client and the Dietitian.
With regard to other Services provided by the Service Provider to Users, including access to the Website, Community or other Services, the Terms of Use of the alloweat Application and Website for Dietitians shall apply.

§9 PERSONAL DATA

Controller of the personal data of Dietitian’s Clients is the Dietitian, who is solely authorized to determine the purposes and means of processing such personal data.
For the purpose of performing the Agreement concluded with Utrition, the Dietitian entrusts Utrition with the personal data of their Clients for processing, to the extent set out in the Data Processing Agreement, which forms part of the Terms of Use of the alloweat Application and Website for Dietitians.
The Dietitian undertakes to duly inform their Clients about the way their data is processed by Utrition.
Notwithstanding the above, the Service Provider remains an independent data controller with respect to certain personal data of Clients, in particular in relation to statistical and analytical data generated through the use of the Application. Information regarding the processing of personal data by the Service Provider in this scope is available in the Privacy Policy (https://alloweat.com/en/privacy-policy/).

§10 INTELLECTUAL PROPERTY RIGHTS

Utrition is the owner of all intellectual property rights related to all Services provided by Utrition, including the Application, the Community and the alloweat Website.
Structure, organization and source code of the Application constitute trade secrets of the Service Provider. The Application should be treated in the same manner as any other copyrighted work. User is not allowed to copy the Application or any part or functionality thereof, except as expressly permitted by mandatory provisions of applicable law. User also agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Application, except as expressly permitted by mandatory provisions of applicable law.
As for the materials created by Utrition: all economic and moral copyrights to works used within alloweat belong to Utrition. None of the provisions of these Terms of Use transfer to the Users any rights to dispose of such works, except for the rights explicitly granted herein to Dietitians.
Utrition grants Dietitian’s Clients who use paid services provided within alloweat a non-exclusive, time-limited license (valid for the duration of the services under the concluded agreement) to use the Materials developed and made available by Utrition within alloweat. This license is granted solely for the Dietitian’s Client’s personal use in connection with the services provided by Utrition within alloweat and the services rendered by the Dietitian under a separate agreement. The license entitles the Client to display the Materials on the screen of the device used by the Dietitian and the Client for using alloweat services, as well as to save the Materials on any digital storage medium and to print them.
By uploading a photo of the Client or a dish through the Client’s Account, the Client grants a non-exclusive, royalty-free, perpetual and territorially unlimited license to use the image in the following fields of exploitation: reproduction by analog or digital techniques; input into computer memory; dissemination over a computer or multimedia network; distribution, rental or lease; public sharing at a place and time individually chosen by the Service Provider; display, broadcast, rebroadcast, playback; inclusion in databases; and use of the image for the promotion of the Service Provider. Deletion of the Client’s or Dietitian’s Account does not affect the validity of this license.
It is prohibited to upload photos to the Account that are generally considered offensive or inconsistent with the intended use of alloweat.
Any photos or other content posted to an Account that do not comply with these Terms may be removed by Utrition at any time without prior notice.
The following actions are strictly prohibited when using alloweat:
1. Using the API to download content posted in alloweat,
2. Mass downloading of content from alloweat,
3. Scraping of content from alloweat,
4. Using tools that could excessively burden Utrition’s servers.

§11 RULES FOR HANDLING POTENTIALLY ILLEGAL CONTENT

When using the Services provided by the Service Provider, User may submit Content to the Service Provider for storage at the request of the Dietitian as part of the Services.
It is prohibited to submit Content that:
1. constitutes illegal content as defined by the Digital Services Act (DSA), or
2. is inconsistent with these Terms of Use.
Content inconsistent with these Terms of Use includes, in particular, Content that:
1. contains spam;
2. is used to carry out activities prohibited by law, such as fraud or financial scams;
3. incites violence against any living beings, including animals, or glorifies such violence;
4. promotes fascist or other totalitarian regimes;
5. incites hatred based on gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religion or glorifies such hatred;
6. insults groups of people or individuals based on gender, sexual orientation, nationality, ethnicity, race, religion or lack of religion;
7. contains chauvinistic or misogynistic content or constitutes gender-based discrimination;
8. infringes on personal rights;
9. violates copyrights;
10. encourages or glorifies dangerous behavior;
11. violates applicable law or public decency in a manner not explicitly mentioned above.
If the Service Provider obtains credible information suggesting that a crime or offense has been committed in connection with submitted Content, it is entitled and obliged to notify the appropriate law enforcement authorities or public bodies. The same applies if such authorities request data, particularly for the purposes of civil or criminal proceedings.
The Service Provider is not obliged to pre-screen the Content, in particular by preventive review or any other form of monitoring. The Service Provider verifies Content only after receiving a report. Any person or entity may report the presence of Content in the Application that they consider illegal under these Terms of Use.
Reports may be submitted:
1. via email to: legal@alloweat.com
2. through the contact form available at alloweat.com
Report must include all elements required under the Digital Services Act, such as:
1. sufficiently substantiated explanation of why the Content is believed to be illegal;
2. clear indication of the exact electronic location of the Content (e.g., URL) and, where applicable, additional identifying information;
3. name and email address of the reporting person or entity (except where the report concerns one of the crimes specified in Articles 3–7 of Directive 2011/93/EU);
4. statement made in good faith affirming the accuracy and completeness of the information provided in the report.
Upon receiving a report referred to in section 7, the Service Provider will promptly acknowledge receipt to the reporting party via the provided email address. If the report is incomplete or contains errors, the Service Provider may request that the reporting party correct or complete it. If the report is not corrected or completed within 14 days of such request, it will not be processed further.
The Service Provider will verify the Content no later than 14 days after receiving complete and correct report. Verification will be carried out in a non-arbitrary, objective and diligent manner. The Service Provider may request additional information or documents from the reporting party, such as proof of rights allegedly infringed.
While the verification is underway, the Service Provider may block the Content to make it inaccessible to Users.
Following verification, the Service Provider may:
1. permanently block or remove the Content if it violates these Terms,
2. temporarily restrict the User’s access to one or more functionalities or Services (time-out),
3. permanently block access to one or more functionalities or Services (ban), or
4. determine that the Content does not violate these Terms.
If the Content was previously blocked but is later found not to violate these Terms, the Service Provider will promptly restore the Content and notify the reporting party, providing the reasoning for its decision.
Actions taken by the Service Provider regarding illegal Content depend primarily on its nature (e.g., criminal offense), severity (e.g., threats of violence), frequency, consequences (e.g., harm caused) and the intent of the responsible person (if identifiable). The Service Provider acts objectively, non-discriminatorily and proportionally, respecting the rights and legitimate interests of all parties involved.
If Content is identified as illegal, it will always be removed, as this is the only way to ensure that others cannot access such Content.
In cases of serious or repeated violations of the law or these Terms, the Service Provider may, after issuing a warning, impose a temporary suspension (time-out), typically lasting several days. Depending on the severity and frequency, the time-out may apply to specific functionalities or the entire Service.
Permanent ban is a last resort and may only be applied after a prior warning in cases of particularly serious or repeated violations. The ban may concern one or more functionalities or the entire Service.
If the Service Provider takes any of the above actions, it will always provide an explanation (if electronic contact data is available). The explanation will include the restrictions imposed, the facts and circumstances underlying the decision and information on available appeal procedures.
If:
1. the Service Provider fails to take appropriate action following a report;
2. action taken is inconsistent with the Terms;
3. the Service Provider imposes any sanctions related to the Content;
4. then the person/entity who submitted or reported the Content may file an appeal.
Every decision related to Content must include reasoning sufficient to allow for an appeal – except when the Service Provider acts upon an order from a competent authority. Justification must meet the requirements of the Digital Services Act.
Appeals may be submitted:
1. via email to: legal@alloweat.com
2. in writing by registered letter to the Service Provider’s registered office.
Appeal must include:
1. the name (or business name) of the appellant;
2. contact details;
3. detailed explanation of why the decision is, in the appellant’s view, incorrect and should be changed.
Upon receipt of the appeal, the Service Provider will promptly confirm receipt via email.
Appeals will be reviewed within 14 days of submission.
Member State authorities, the European Commission and the Digital Services Board may contact the Service Provider via the point of contact designated under Article 11 of the Digital Services Act by writing to legal@alloweat.com. Communication is possible in Polish or English.
Any individual or entity using the Services may contact the Service Provider regarding matters covered in this paragraph by writing to: legal@alloweat.com.

§12 OUT-OF-COURT COMPLAINT HANDLING AND DISPUTE RESOLUTION

User who is a consumer or an entrepreneur with consumer rights may use out-of-court methods of dispute resolution, including complaint handling and pursuing claims, by:
1. submitting a request to permanent consumer arbitration court to resolve a dispute arising from the concluded agreement;
2. submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings aimed at amicably resolving a dispute between the User (being a consumer or entrepreneur with consumer rights) and the Service Provider;
3. using the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
Detailed information about out-of-court complaint handling and pursuing claims is available on the website www.uokik.gov.pl as well as at the offices and websites of district (municipal) consumer ombudsmen, social organizations dedicated to consumer protection or Provincial Inspectorates of the Trade Inspection.
Before submitting a dispute to an arbitration court, the complaint procedure must be completed and both parties must agree to initiate arbitration proceedings. In all other cases, disputes shall be resolved by the competent common courts.

§13 FINAL PROVISIONS

This Terms of Use may be amended for important reasons, including:
1. changes in the conditions for the provision of services;
2. changes in the terms of use of the services;
3. changes in the appearance or functionality of the Services;
4. changes in the business profile of the Service Provider;
5. need to ensure the security of the information obtained or processed;
6. changes in generally applicable laws that affect the content of the Terms of Use;
7. need to adapt the rules for providing Services to orders, judgments, decisions or guidelines resulting from the decisions of the competent public administration authority or court rulings applicable to the Service Provider’s business activity, affecting the mutual rights and obligations of the Parties;
8. need to correct obvious errors or typographical mistakes or to fill gaps or ambiguities in the Terms of Use that cannot be removed through interpretation of its provisions;
9. due to changes in applicable law.
The Terms of Use shall enter into force on April 1, 2025.
The Service Provider will notify the User of any changes to the Terms of Use at least 14 days in advance by sending an appropriate communication within the Application.
User may submit a statement of termination of the Agreement due to changes in the Terms of Use during the period mentioned in paragraph 3 above, with effect at the end of that period. User shall be bound by the amended Terms of Use if they do not terminate the Agreement within the period specified in paragraph 3.
In matters not regulated by the Terms of Use, the provisions of Polish law shall apply.
If any provision of the Terms of Use is found or deemed invalid, all other provisions shall remain in force.