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

§1 DEFINITIONS

  1. 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. 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.
    5. Community – Biznes Dietetyczny Bez Granic (BDBG – the Dietetic Business Without Borders) Community, available as a web app at https://bdbg.alloweat.com/ and a mobile app, operating on the Mighty Networks platform, targeted at professionals in the dietetics industry.
    6. Service – service provided electronically by the Service Provider to the User.
    7. Paid service – service provided electronically by the Service Provider to the User in exchange for a corresponding fee.
    8. Price list – list of prices for services offered by the Service Provider within the alloweat application, available in the application and on the Website at https://alloweat.com/en/pricing/.
    9. Trial period – period during which the Dietitian may use alloweat free of charge under the terms specified in these Terms of Use.
    10. Billing period – one month of paid service provision by the Service Provider. Billing period runs from the date the payment is confirmed until the day preceding the end of the next service month (e.g., June 1–June 30, July 15–August 14). In the case of payments made between the 29th and 31st day of a given month, the system sets the service day as the 28th of that month.
    11. 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.
    12. Civil code – the Act of 23 April 1964, the Polish Civil Code (consolidated text: Journal of Laws 2020, item 1740, as amended).
    13. Account – either a Dietitian Account or a Dietitian’s Client Account.
    14. 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.
    15. 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.
    16. BDBG community account – electronic service identified by name, email address and password (a string of alphanumeric, diacritical and special characters) provided by the Community User. It constitutes a resource in the Service Provider’s system where User data is stored, including account status (active/inactive). Creating an Account requires the User to provide their first and last name, email address and password. Full access to Community functionalities is provided via single account. Access to services requires prior account creation.
    17. Community user profile – set of information about the User visible to other Community members; it may include photo, short biography, profession, external links to the User’s websites, location and time zone.
    18. 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.
    19. 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).
    20. 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, including business they run or plan to run.
    21. 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.
    22. 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.
    23. 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.
    24. 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.
    25. Terms of use – these terms and conditions of the alloweat Service and Application for Dietitians.
    26. Terms of use for the alloweat service and application for clients – terms and conditions of the Application addressed to Clients, available at https://alloweat.com/en/regulations-for-a-client/, regulating the provision of the Application by the Service Provider to Clients.
    27. 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.
    28. Agreement – contract concluded under the Terms of Use between the Service Provider and the User upon confirmation of account creation. Under this Agreement, the Service Provider provides electronic Services, including access to the alloweat tool through which the Dietitian provides services to Clients, access to the Community or participation in Webinars and the Dietitian pays a fee to the Service Provider.
    29. User – any person using the Application, including both Dietitians and their Clients.
    30. 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

  1. These terms of Use apply to:
    1. the Service Provider’s Website;
    2. webinars conducted by the Service Provider;
    3. the Application, including the alloweat Mate application;
    4. „Biznes Dietetyczny bez Granic” Community;
    5. all other electronic services provided by the Service Provider to Users.
  2. These Terms of Use define in particular:
    1. conditions for the provision of electronic services;
    2. technical requirements necessary to use the services;
    3. rules for concluding and terminating agreements for the provision of electronic services;
    4. Dietitian Accounts and Dietitian’s Client Accounts;
    5. types of paid services;
    6. procedure for submitting and handling complaints;
    7. provisions concerning personal data of the Dietitian’s Clients;
    8. copyright regulations;
    9. final provisions.
  3. Alloweat is an application through which Utrition provides services to Dietitians, enabling them to use all functionalities of alloweat in their professional practice involving nutrition counseling and dietary planning for their Clients. Utrition also offers a mobile application for Dietitians’ Clients, which is linked to the alloweat Application. Full access to the functionalities of the Services provided within the Application requires account creation, subject to limitations related to paid elements, which are clearly indicated.
  4. These Terms of Use also govern the use of the Website, the Community and other Services provided by the Service Provider to Users.
  5. The Service Provider reserves the right to modify the scope of the Services, including in particular to expand the range of both paid and free Services. In such cases, detailed information about the new Services, including pricing (if applicable), will be made available directly within the respective Service.
  6. Agreements for Services are concluded and performed under the conditions set forth in these Terms of Use. Acceptance of the Terms of Use is a condition for entering into and performing the Agreement. Use of the Website requires compliance with its applicable rules.
  7. The User is required to submit a statement confirming that they have read the Privacy Policy governing the processing of the User’s personal data. This statement must be submitted before registering an Account within the Service.
  8. Provisions of these Terms of Use do not exclude or limit any consumer rights arising from applicable laws.

§3 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS OF THE APPLICATION

  1. The alloweat Application for Dietitians offers functionalities that enable, in particular:
    1. Creation of a Dietitian Account, conclusion of a Service Agreement and creation of a Dietitian Profile;
    2. Management of the Dietitian’s Clients, including adding new Clients, scheduling their appointments and assigning a lead Dietitian;
    3. Management of the Office via access to the Calendar function and scheduled tasks;
    4. Access to the Survey and Report Module, allowing, among other things, the creation and sending of a Survey or Report to a Client;
    5. Access to ready-made nutrition programs and the ability to create one’s own nutrition programs;
    6. Access to databases containing Diets, Recipes and Products, which can be developed by the Dietitian;
    7. Access to the Educational Materials Module, enabling the creation of custom educational materials for Clients or the use of materials provided by the Service Provider;
    8. Configuration of the Client’s dietary profile, including the setting of dietary preferences, restrictions, nutritional standards and other features;
    9. Configuration of the Client’s measurement module, which allows tracking progress, including uploading photos by the Client;
    10. Configuration of nutrition programs for the Client, including scheduling the dates of individual plans;
    11. Viewing information content published by the Service Provider.
  2. The alloweat Mate Application is a communication app that enables direct communication with the Dietitian’s Clients.
  3. The alloweat Application for Clients offers the following functionalities:
    1. Creation of a Client Account by the Dietitian;
    2. Access to the “Today” tab, showing plan for the current day and the degree of goal completion; access to surveys and reports created by the Dietitian; access to the “Meals” tab, enabling management of recipes, products and meal plans, including adding personal content, photos and ratings; hydration information and the ability to plan shopping;
    3. Access to the “Discover” tab, enabling recipe searches, adding personal recipes, receiving meal suggestions and viewing materials shared by the Dietitian;
    4. Access to the “Goals” tab, enabling the analysis of goal achievement levels, including measurement entries;
    5. Access to the Chat option;
    6. Access to profile settings.
  4. The Application’s functionalities are continuously developed and may be subject to change, of which the Dietitian will be informed on an ongoing basis. The Service Provider is entitled, during the term of the Agreement, to modify the Service by adding new functionalities, improving existing ones or removing outdated or unused features, while maintaining the overall functionality of the Application. Changes described in this section do not constitute a modification of the Agreement and do not require an amendment to the Terms and Conditions.
  5. Using alloweat in its web version requires meeting the following technical standards:
    1. access to a device capable of browsing websites and displaying images with a minimum resolution of 1280 × 800 pixels;
    2. browser supporting JavaScript and Cookies;
    3. active Internet connection, with recommended minimum speed of 10 Mbps;
    4. active email account.
  6. Using alloweat in its mobile version requires meeting the following technical standards:
    1. for iOS: version 11 or newer;
    2. for Android: version 8 or newer;
    3. active Internet connection, with recommended minimum speed of 10 Mbps;
    4. active email account.
  7. Utrition recommends using alloweat in the web version via an up-to-date version of the Google Chrome browser. Use of alloweat via other software or outdated browser versions may result in certain functionalities not working properly.
  8. Due to the public nature of the Internet, the use of alloweat may involve the risk of third-party interference with the data transmitted between Utrition and the Dietitian. To minimize this risk, the Service Provider recommends using only up-to-date antivirus software and regularly updating software on the devices used by the User.
  9. Use of software intended to block advertising content may significantly impair or even prevent the use of services offered via alloweat. In such cases, the Service Provider recommends disabling such software.
  10. Blocking cookies by the Dietitian or the Dietitian’s Client may impair or prevent the use of services provided through alloweat.
  11. The Service Provider has the right to suspend access to the Application in connection with necessary maintenance work or measures aimed at ensuring the security of Users’ data, in a manner minimizing inconvenience to Users.
  12. The Service Provider is not responsible for technical issues or limitations occurring in the computer equipment, IT systems or telecommunications infrastructure used by the Dietitian, which prevent the Dietitian from using the Application and the Services offered through it, nor for the unavailability of the Application due to force majeure. The Service Provider is also not responsible for the malfunction of telecommunications systems, mobile application distribution platforms or third-party software (other than the Application) installed on the Specialist’s mobile device.
  13. Costs of data transmission required for downloading, installing, launching and using the Application are borne by the User, based on agreements concluded with telecommunications operators or other internet service providers. The Dietitian is responsible for any charges related to data transmission necessary for the use of the Application. The Service Provider recommends that the Dietitian use operating system features that monitor the amount of data transferred.
  14. Some materials posted in the Application by the Service Provider, in particular images, are generated using AI tools.

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

  1. 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.
  2. Utrition provides electronic services in accordance with these Terms of Use and applicable generally binding laws, in particular the Act.
  3. 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. In such a case, clicking the link redirects the Dietitian’s Client to the activation form.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Registration in alloweat is free of charge. Only individuals of legal age may register a Dietitian Account in alloweat. After registering, each login to the Account will be carried out using the credentials provided in the registration form.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. Services provided by the Service Provider are intended for the personal use of Dietitian’s Clients and for use by Dietitians in the course of their professional activities related to dietetics or nutritional counseling and may not be used, in whole or in part, for any other purposes.

§5 FORMATION AND TERMINATION OF ELECTRONIC SERVICE CONTRACTS WITHIN THE APPLICATION

  1. 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.
  2. 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.
  3. 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.
  4. Within their Account, the Dietitian may update their personal information, in particular change their first name and last name.
  5. Email address is permanently assigned to the Account and cannot be changed.
  6. User may not share their Account or password with any third parties or entities.
  7. The Dietitian may terminate the contract for the provision of electronic services at any time, effective at the end of the billing period in which the termination occurs, subject to §6 section 8. Termination notice should be sent to: support@alloweat.com.
  8. The Service Provider is entitled to terminate the contract with a 3-month notice period by sending a termination notice to the Dietitian via email.
  9. The Service Provider may terminate the contract with immediate effect in the event of persistent or material breach of the contract or the Terms and Conditions by the User, despite the ineffective expiration of an additional 7-day period granted to cease the breaches. §6 section 8 shall apply accordingly. Utrition reserves the right to block the Dietitian’s Account if the Account is used in violation of applicable laws, the Terms and Conditions, third-party rights, public decency or if the username is generally considered offensive, violates the law, moral standards or the personal rights of third parties, subject to §6 section 8. If the Dietitian’s Account is blocked, the Dietitian’s Client also loses access to their Account, for which the Service Provider bears no responsibility.
  10. Utrition will notify the Dietitian of its intent to block the Account at least 1 day in advance, requesting that the breach or its effects be remedied within 3 days from receipt of the notice. If the deadline expires without resolution, the Dietitian’s Account will be blocked. Information regarding the Account block will be visible on the Dietitian’s Account login panel.

§6 ACCESS TO PAID FEATURES OF THE APPLICATION

  1. Upon registering in alloweat, the Dietitian may receive free, trial access to the Dietitian Account for a limited period, as specified in the information provided by alloweat at the time of registration. This trial period grants access to all functionalities of alloweat. If no purchase is made, access to alloweat will be automatically disabled upon the expiration of the trial period.
  2. The Dietitian may unlock all functionalities of the Dietitian Account by purchasing access to a subscription plan (package) listed in the Price List. Depending on the Dietitian’s choice, the subscription may be paid monthly or based on a custom offer provided individually by Utrition.
  3. After the Trial Period, the Dietitian has option to choose a subscription plan in accordance with the alloweat Price List available at: www.alloweat.com/en/pricing.
  4. Information about services provided by Utrition, as presented in the alloweat Price List and in publicly available marketing or informational materials – especially descriptions of services, their parameters, features or functionalities and prices – constitutes an invitation to conclude a contract, within the meaning of Article 71 of the Polish Civil Code.
  5. Dietitian who wishes to use paid services must select an appropriate plan from the Price List. Clicking the “Order with obligation to pay” button constitutes a legally binding offer within the meaning of the Civil Code.
  6. After successful payment processed via an external system, the Dietitian will receive an email from Utrition confirming the conclusion of the agreement and activation of the purchased service. Upon receipt of this confirmation, the contract for access to paid functionalities is deemed concluded.
  7. Failure to pay for the selected subscription plan or termination of the electronic services agreement in accordance with §5 section 7 of the Terms and Conditions will result in the termination of the agreement for access to paid functionalities. All functionalities of the Dietitian Account will be disabled 14 days after the end of the paid Billing Period.
  8. Termination of the agreement for access to paid functionalities, in accordance with §5 section 7, does not impose any obligation on Utrition to refund fees already paid for the current subscription.
  9. In the case of card payments, the completion date is considered to be the moment of successful transaction authorization.
  10. Recurring payments are collected in advance at the start of each Billing Period, according to the rules specified in the alloweat Price List.
  11. If the subscription plan is changed, any price difference will be charged in the next Billing Period. If the Dietitian upgrades to a more expensive plan during a Billing Period, the new plan will be activated immediately upon purchase. The amount payable will be adjusted by deducting the value of unused days from the current Billing Period. If the Dietitian downgrades to a cheaper plan during a Billing Period, the change will take effect on the first day of the next Billing Period. The price of the plan will be based on the price list in effect at the time of purchase. Detailed billing rules are outlined in the Price List.
  12. After payment for a given Billing Period, the Dietitian will receive a VAT invoice corresponding to the order, sent to the email address provided during Account registration. The Dietitian consents to receiving VAT invoices in electronic form.
  13. Before each transaction, the User will be informed of the total payment amount in the order summary.
  14. At the order summary stage and before being redirected to the Payment Operator’s page, the Dietitian has the option to select the type of subscription plan.

§6a  RECURRING PAYMENTS

  1. In the case of selecting a recurring payment option, the Dietitian agrees to have their payment card charged on a recurring basis by Utrition Sp. z o.o., with its registered office in Lublin, at ul. Gospodarcza 26, 20-213 Lublin, in the amount corresponding to the current plan based on the order. Payment card will be charged at a fixed frequency, i.e., no earlier than the first day of each billing period. Charges will continue until the recurring payment is cancelled. The Dietitian acknowledges that they may cancel the recurring card charges at any time by removing the saved payment card in the billing and payment module within the client panel. To prevent the next scheduled charge, the cancellation must be submitted no later than one business day before the scheduled payment date (i.e., the last day of the current billing period preceding the new billing period for which the charge would apply). For any questions regarding recurring card payments, please contact the support line at +48 517 429 150 or via email at support@alloweat.com.
  2. The Dietitian understands that they have the right to cancel the recurring card payment at any time via the client panel or by contacting customer support via email. To prevent the next charge, such cancellation must be submitted no later than the end of the current billing period.
  3. To activate the service, the Dietitian must complete an initiating transaction using the authorization mechanisms of the card issuer (e.g., entering a CVV/CVC code or authenticating via 3D-Secure).
  4. Utrition does not process or store any payment card data.
  5. This data will be stored within the systems of the Payment Operator.
  6. Utrition and the Payment Operator are obligated to comply with any restrictions imposed by the payment card issuer regarding automatic payments, including but not limited to transaction limits (amount or frequency).
  7. If the Dietitian makes payment via payment card, the service start date will be counted from the moment of successful transaction authorization.

§7 SPECIAL PROVISIONS REGARDING BIZNES DIETETYCZNY BEZ GRANIC COMMUNITY (BDBG – the Dietetic Business Without Borders)

  1. Joining the BDBG Community is possible via the Service and requires the creation of an Account.
  2. Within the Community, the Service Provider enables Users to set up a Community Account via registration form and to operate and maintain this Account. Upon setting up a Community Account, the User gains access to various functionalities designed to facilitate the exchange of experiences among Users in the field of running a dietetic business. These include, in particular: themed forums, the ability to post job, internship or placement listings, a news feed, direct messaging between Users and a feature to search Users based on shared location (with your consent). Within the BDBG Community, you may also add community events and mark them in the Calendar.
  3. The Service Provider reserves the right to modify Community functionalities and all paid Services, including removing or adding new features. Minor or beneficial changes for the User do not require amendment of the Terms.
  4. The BDBG Community facilitates communication and experience sharing among Users. If Users exchange information or advice, the Service Provider only enables the contact and assumes no responsibility for the accuracy, correctness or substantive value of the information exchanged. Users share information at their own risk. The Service Provider is not liable for the content shared between Users.
  5. Use of the Community Account is possible after successfully completing the registration form. Creating an Account is voluntary but necessary to enter into an Agreement. The User bears full responsibility for improper use of their Account, especially any use contrary to the law, public decency or these Terms. The User is prohibited from sharing their Account with other Users or third parties and may not use another User’s Account.
  6. The BDBG Community is intended for professionals active in the dietetics industry, which ensures a high level of substantive content. The Service Provider does not verify whether a User is actually working in the dietetics field.
  7. The Service Provider engages Experts in discussions, training sessions and webinars hosted within the BDBG Community. These Experts are selected based on their high level of knowledge or experience beneficial to the Users. Each Expert is carefully reviewed by the Service Provider to ensure a substantive contribution. However, the Service Provider does not guarantee the accuracy of the information provided by Experts and does not verify its correctness. Users rely on such information at their own risk.
  8. Use of the functionalities made available within the Community, including via the Community Account, is generally free of charge.
  9. The Community Account service is provided to the User for an indefinite period. The User may terminate the Account service agreement at any time with immediate effect and request Account deletion. The Service Provider will delete the Account within 7 days of receiving the request. The Service Provider may terminate the Account agreement with one month’s notice, or with immediate effect if the User violates these Terms, especially the provisions prohibiting unlawful content.
  10. Full functionality of the Community is available only if the User meets all the following technical requirements:
    1. Windows/Linux operating system with graphical console or Mac OS; for the App – Android 5.0 Lollipop or later or iOS 12.0 or later,
    2. Internet access,
    3. active email address,
    4. device with graphics card supporting horizontal resolution of over 1024 pixels,
    5. use of one of the following browsers: Internet Explorer 10 (or newer EDGE), Firefox 16, Chrome 26, Safari 6.1 or Opera 15,
    6. JavaScript and cookies enabled.
  11. Use of outdated operating systems or browsers may prevent full access to Community functionalities.
  12. The User may post comments in selected Community sections, including within paid Services.
  13. The Service Provider does not verify posted comments for accuracy or correctness but reserves the right to review them for compliance with these Terms. If a comment violates the above rules, the Terms or applicable law, the Service Provider may remove it. The User will be notified via email.
  14. Comments must be written in Polish, be grammatically correct and understandable to an average reader. They must not include unlawful content, incitement to hatred or violence, defamatory statements or misleading claims. Comments may not violate third-party rights, including personal rights and copyrights.
  15. Comments must be original. Copying reviews or comments from other Users or internet users is strictly prohibited.
  16. By submitting a comment, the User grants the Service Provider a non-exclusive, unlimited-in-time and territory license to use it, especially for publication on the Community site, within paid Services, other websites owned by the Service Provider, on social media or in printed materials, for informational, promotional or marketing purposes.
  17. The User bears full responsibility for the content of their comments and agrees to ensure that all posted comments comply with these Terms.

§8 SPECIAL PROVISIONS REGARDING WEBINARS

  1. The Service Provider offers the User the opportunity to participate in a live meeting via online streaming (Webinar) with selected guest or the Service Provider. In the case of free Webinars, the agreement for participation is concluded upon the User’s registration for the Webinar.
  2. Webinars may be organized within the Community or directly through registration on the Service’s website.
  3. Webinars may be paid or free of charge. For paid Webinars, participation is conditional upon payment as specified in the registration form. In such cases, the access link to the Webinar will be provided after payment is made.
  4. Access to the Webinar requires an internet connection and installation of the Zoom application or another program specified in the Webinar Description. The Service Provider recommends using the latest versions of browsers or the application to ensure proper access.
  5. The User has the right to withdraw from participation in a free Webinar at any time. A User who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from paid Webinar up until the moment they receive the access link to the Webinar, subject to the condition outlined in § 8 sec. 3 of the Terms and Conditions.
  6. During the Webinar, Users may remain anonymous provided they do not use the chat function or ask questions, if such options are made available. If a User uses the chat or submits a question, they understand that their personal data may be visible to other participants. The Service Provider is not obliged to respond to submitted questions.
  7. The Service Provider may make archived Webinar recordings available via the Community, the Website or the App, which may be subject to additional payment. The Service Provider reserves the right not to publish or to remove recordings if doing so could violate the Terms and Conditions, applicable laws, if the content has become outdated or for technical reasons.
  8. All details of each Webinar – particularly its price (if applicable), participation rules, date and time, duration, availability period and topic – will be specified in the Webinar description.
  9. The Service Provider is not responsible for any disruptions or failures of the User’s equipment that prevent participation in the Webinar.
  10. For valid reasons, the Service Provider may change the Webinar schedule or agenda, including the invited guests. Users will be informed of such changes without undue delay. In the case of changes to the date or agenda of a paid Webinar, the User has the right to withdraw from participation by sending a relevant statement to the Service Provider’s email. In such cases, the Service Provider will promptly refund the payment.
  11. The Service Provider reserves the right to cancel or reschedule a Webinar for important reasons, such as low registration numbers (fewer than 10 participants) five days before the scheduled date, technical issues, expert unavailability or other unforeseen circumstances. In such cases, participants will be notified by email. If a paid Webinar is canceled, the Service Provider will promptly refund all payments made.

§9 COMPLAINTS

  1. 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.
  2. Complaints in which the User requests full or partial refund of the fee (subscription) or other funds paid for the use of the Application (not allocated toward a subscription) must be submitted in writing to the registered office address of Utrition. The complaint should include at least the User’s full name, the address associated with the alloweat account and a description of the issue for which the complaint is being filed.
  3. 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.
  4. Provisions of paragraphs 1–3 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.

§10 LIABILITY

  1. The Services, including the Application, Community and Webinars, are not tools for diagnosing, preventing, monitoring, treating or alleviating the course of diseases. None of the Services enable the performance of therapeutic or diagnostic activities and do not constitute healthcare services within the meaning of Article 3(1) of the Act on Medical Activity. The Service is not a medical device. All data entered into the Services by the User is intended solely for organizational purposes, meaning in particular that any actions by the Service Provider cannot be considered as healthcare services. The information provided within the Services does not constitute medical knowledge and must not be treated as a substitute for a medical consultation or consultation with another specialist. Acting on the basis of recommendations without consulting a specialist is done at the User’s sole risk.
  2. The Services provided by the Service Provider are not a substitute for a direct visit to a physician. Only direct contact with a physician and a personal examination enable a diagnosis or other medical decisions to be made.
  3. The User bears the full cost of using the Services, including Internet access and the equipment necessary for using the Services.
  4. If the Dietitian allows their employees or collaborators to access alloweat via their Dietitian Account, they are obliged to inform these individuals of the Terms and Conditions and the Privacy Policy of alloweat. The Dietitian is responsible for any actions or omissions of such individuals as if they were their own.
  5. Users may, at their own risk, share information and data they have entered into the Application with other individuals or entities. The Service Provider shall not be held liable for the content of any shared information or data.
  6. The User is responsible for maintaining the security and confidentiality of their Account password. The Service Provider shall not be liable for any unauthorized access resulting from third parties obtaining the password. If there is reason to believe that the password has been disclosed, the User must immediately change it or contact the Service Provider.
  7. The Service Provider shall not be liable for the content or form of materials and information uploaded to the Application by the User. The Service Provider is not liable for claims by the User or third parties whose rights or legitimate interests have been infringed by such materials. The User acknowledges and agrees that the Service Provider is under no obligation to review or verify materials or information submitted by the User.
  8. The User assumes full responsibility for any legal violations or damages caused by their actions within the Services, in particular providing false information, disclosing professional or trade secrets, infringing personal rights or violating copyright or related rights.
  9. The Service Provider explicitly states that use of the Application, Website, Community and Services is at the User’s sole risk. All content and materials provided within the Services, as well as the Services themselves, are not covered by any warranty regarding their value, usefulness, completeness or suitability. The Service Provider assumes no responsibility for the actions or omissions of Dietitians or for the accuracy, relevance or reliability of any information, content, recipes or diets published by Dietitians through the Services.
  10. The Service Provider is not liable for any physical or legal defects of the free Services, nor for the quality of free goods or services. The Service Provider is also not responsible for the consequences of non-performance or improper performance of obligations entered into via the Application by any person or that person’s legal capacity to enter into such obligations.
  11. The Service Provider provides no warranty for uninterrupted or error-free operation of the Services, in whole or in part.
  12. If the Service Provider receives an official notice or otherwise becomes aware of the unlawful nature of data provided by a User and stored by the Service Provider and access to that data is disabled, the Service Provider shall not be liable to that User for any damages resulting from disabling access.
  13. In relation to entities other than consumers, the Service Provider is liable only for damages caused by its sole intentional fault. The Service Provider’s liability for lost profits is excluded. The Service Provider disclaims any warranty liability towards the Dietitian.
  14. The User is obliged to use the Services in accordance with applicable law, good customs and the principles of social coexistence, including respect for personal rights, dignity and intellectual property rights of third parties. The User is strictly and permanently prohibited from providing any unlawful content, regardless of time or location.
  15. The Service Provider reserves the right to temporarily suspend access to the Services for necessary maintenance work or to ensure data security, in a manner that minimizes inconvenience to the User.

§11 WITHDRAWAL FROM THE AGREEMENT

  1. User who is a Consumer or an Entrepreneur with consumer rights has the right – pursuant to Article 27 of the Consumer Rights Act – to withdraw from a distance contract without providing any reason and without incurring any costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act, within 14 days from the conclusion of the contract. To meet the deadline, it is sufficient to send a withdrawal notice before the expiry of the 14-day period.
  2. The service of access to the Application for Dietitians is provided exclusively to Entrepreneurs. Therefore, in this case, the right of withdrawal from the contract does not apply.
  3. In the case of contracts for the supply of digital content or a digital service, if the consumer is not obliged to provide any consideration other than the provision of personal data and the data is processed solely for the performance of the contract or compliance with a legal obligation, the provisions of this paragraph do not apply.
  4. The Consumer or Entrepreneur with consumer rights may submit a declaration of withdrawal from the contract using the form attached to these Terms and Conditions or in any other form compliant with the Consumer Rights Act.
  5. Right of withdrawal from the contract does not apply if the Service Provider has fully performed the service with the express prior consent of the Consumer, who was informed before the performance began that upon completion of the service by the Service Provider, they would lose the right to withdraw and they acknowledged this.
  6. In the event of withdrawal from the contract, the contract is considered null and void. Withdrawal statement submitted before the Service Provider has accepted the Order causes the offer submitted by the Consumer to cease to be binding and the contract is not concluded.
  7. The Service Provider shall promptly, but no later than 14 days from receiving the Consumer’s declaration of withdrawal, refund all payments made by the Consumer, subject to exceptions provided for in the Consumer Rights Act or delete the personal data received from the Consumer.
  8. The Service Provider shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them.

§12 PERSONAL DATA

  1. The Service Provider is the controller of Users’ personal data in relation to the Services, subject to paragraph 4 below. Information on the processing of personal data by the Service Provider is available in the Privacy Policy at: https://alloweat.com/en/privacy-policy/.
  2. The Service Provider ensures that Users have access to their personal data, as well as the ability to correct and supplement them. The Service Provider may entrust access to Users’ personal data to its subcontractors, within the scope strictly defined in the Privacy Policy. (https://alloweat.com/en/privacy-policy/)
  3. If the Service Provider has doubts about the accuracy of the data provided during Account registration, it may request that the User provide documentation to verify the data. Failure to provide such documents may result in access to the Application being blocked until the documents are provided.
  4. In the context of a Dietitian using the Application and creating Accounts for their Clients, the Dietitian acknowledges that they are the data controller of their Clients’ personal data and are solely responsible for determining the purposes and means of processing such data. In order to perform the Agreement concluded with Utrition, the Dietitian entrusts Utrition with the processing of their Clients’ personal data.
  5. The Dietitian undertakes to properly inform their Clients about the manner in which their data will be processed by the Service Provider.
  6. By accepting the Terms and Conditions, the Dietitian simultaneously enters into data processing agreement with the Service Provider, in accordance with §10 of these Terms and Conditions. Acceptance of the Terms and Conditions constitutes the conclusion of a personal data processing agreement between the Dietitian and Utrition in documentary form.
  7. Processing of the Dietitian’s Clients’ data is included in the fee for the provision of Services described in these Terms and Conditions.

§13 DATA PROCESSING AGREEMENT BETWEEN THE DIETITIAN AND UTRITION

  1. In order to fulfill the obligations set out in Article 28 of the GDPR, the Dietitian (as the Data Controller) entrusts Utrition (as the Processor) with the processing of personal data and Utrition agrees to process the data in accordance with applicable law and the provisions of this §13 of the Terms and Conditions.
  2. The Processor agrees to process personal data of the following categories of data subjects: the Clients of the Dietitian (Controller).
  3. The Controller entrusts the Processor with the processing of personal data for the purpose of fulfilling obligations under these Terms and Conditions, particularly in relation to the personal data of the Dietitian’s Clients that are entered into alloweat by the Controller or provided directly by the Client via their alloweat Client Account. This includes name and surname, phone number, email address, image, health data and medical documentation containing sensitive data.
  4. Purpose of processing the data specified in paragraph 3 is to enable the provision of uninterrupted access to the full functionality of alloweat as part of the services described in these Terms and Conditions. Data processing shall be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
  5. The Processor will process data either in paper form or using IT systems. Processing activities include, in particular: recording, organizing, structuring, storing, retrieving, viewing, using, erasing, destroying, collecting and displaying personal data.
  6. Nature of the processing is based on regular access to data, as required by the performance of the Processor’s duties as a service provider through alloweat.
  7. Where the Controller is not the original data controller of the entrusted data, they declare that they have obtained consent from the proper data controller or authorized persons for the processing delegation.
  8. Both the Processor and the Controller shall treat any data entered into the Client’s Account as confidential and shall not disclose it to any third party, except to subcontractors to the extent necessary to provide the services described in these Terms and Conditions.
  9. Any subcontractor must provide the same level of safeguards and obligations as those imposed on the Processor under these Terms and Conditions.
  10. Data subjects may exercise their rights to access, rectify, delete or restrict the processing of their personal data by submitting a request to the Processor.
  11. The Processor declares that it will process personal data in accordance with applicable laws, including the GDPR and the Polish Data Protection Act of May 10, 2018 (Journal of Laws 2019, item 1781, as amended).
  12. The Processor shall apply appropriate technical and organizational measures as required by the GDPR, in particular Articles 32–36, to ensure the security of personal data transmitted over the Internet, including user authentication data, such as encryption.
  13. Upon deletion of the Dietitian’s Account, the Processor agrees, depending on the Controller’s instruction, to either return the data or delete it permanently within 14 (fourteen) days, except for anonymized data processed for statistical, educational or research purposes.
  14. Before commencing data processing, the Processor shall implement data protection measures in accordance with Article 32 of the GDPR, specifically:
    1. taking into account the state of the art, implementation costs, the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity to the rights and freedoms of natural persons, the Processor must apply appropriate technical and organizational measures to ensure a level of security appropriate to the risk. These measures must be documented and updated in consultation with the Controller;
    2. ensuring that any person authorized by the Processor to access personal data processes such data only in accordance with the purposes and scope defined in this Agreement;
    3. maintaining a record of all categories of processing activities carried out on behalf of the Controller, as referred to in Article 30(2) GDPR and providing it to the Controller upon request, unless exempted under Article 30(5) GDPR.
  15. The Processor shall support the Controller in fulfilling obligations under Articles 32–36 of the GDPR.
  16. In the event of a suspected or actual personal data breach, the Processor shall notify the Controller without undue delay and no later than 24 hours after discovery. The notification shall include the information specified in Article 33(3) GDPR and an initial risk analysis of the impact on data subjects’ rights and freedoms, delivered within 24 hours. Upon request, the Processor shall also provide the Controller with all necessary information to inform the data subjects under Article 34(3) GDPR within 48 hours.
  17. The Processor shall assist the Controller through appropriate technical and organizational measures in responding to data subjects’ requests under Articles 15–22 of the GDPR. In particular, the Processor agrees to provide the Controller with the necessary information to fulfill such requests within 48 hours of receiving the Controller’s request.
  18. The Processor may engage a Sub-Processor only with the prior specific or general written authorization of the Controller.
  19. Any intended appointment of a Sub-Processor must be notified to the Controller in advance to allow for objection. The objection must be made no later than seven days before the intended appointment. Notification may be sent electronically.
  20. In the absence of an objection, the Controller is deemed to have consented to the use of the Sub-Processor.
  21. If the Controller objects, the Processor may not appoint the Sub-Processor concerned. In such a case, the Processor has the right to terminate the Agreement with immediate effect, without any liability to the Controller.
  22. The Processor shall ensure that the Sub-Processor is bound by the same obligations as set out in this Agreement, particularly with regard to implementing appropriate technical and organizational measures as required by Article 32 of the GDPR. The Processor remains fully liable to the Controller for the Sub-Processor’s compliance. The Processor shall inform the Controller of any non-compliance by the Sub-Processor.
  23. The Processor informs that personal data may be transferred outside the European Economic Area (“Third Country”) or to an international organization, in accordance with Chapter V of the GDPR.
  24. When using Sub-Processors to perform processing activities on behalf of the Controller that involve cross-border data transfers under Chapter V GDPR, the Controller agrees that such transfers may be based on standard contractual clauses adopted by the European Commission under Article 46(2) GDPR, provided the relevant conditions are met. Copies of such clauses shall be made available to the Controller upon request.
  25. Both the Processor and the Controller agree to comply with any guidelines or recommendations issued by the supervisory authority or EU data protection bodies concerning personal data processing, particularly regarding the application of the GDPR.
  26. The Processor agrees to immediately inform the Controller of any legal proceedings, administrative or judicial, concerning the processing of the entrusted personal data, any administrative decision or ruling regarding such data and any inspections or audits conducted by the supervisory authority.

§14 INTELLECTUAL PROPERTY RIGHTS

  1. 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.
  2. 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.
  3. 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.
  4. Utrition grants Dietitians using paid services within alloweat a time-limited, non-exclusive license valid for the duration of the service agreement, allowing them to use the Materials created and made available by Utrition within alloweat solely for the purpose of using Utrition’s services within alloweat. The remuneration for this license is included in the fees for individual services or service packages as set forth in the Price List.
  5. Granted license entitles the Dietitian to display the Materials on the screen of the device used by the Dietitian and on the Client’s device, to save the Materials to any electronic storage media and to print them.
  6. With respect to Materials created by the Dietitian: upon conclusion of the service agreement, the Dietitian grants the Service Provider a non-exclusive, transferable, sublicensable, royalty-free and territorially unlimited license to use all Materials created and shared by the Dietitian within alloweat and protected by the Dietitian’s copyrights. This license shall expire upon the deletion of the Materials by the Dietitian or termination of the service agreement and deletion of the Dietitian’s Account in alloweat, except for Materials that have passed positive verification by the alloweat team and are displayed in the publicly accessible alloweat library. In such cases, even after the Dietitian’s Account is deleted, Clients and other Users of alloweat will retain access to the Materials displayed in the public alloweat library.
  7. License referred to above includes Utrition’s right to:
    1. distribute the Materials online;
    2. reproduce, copy, adapt and modify the Materials;
    3. distribute the Materials without attribution of authorship.
  8. Utrition has the right to use adaptations and modifications of the Materials in any way appropriate for such Materials. Utrition is also entitled to use the Materials for marketing and promotional purposes, including advertising. By accepting these Terms and entering into a service agreement with Utrition, the Dietitian agrees not to exercise their moral rights in a way that would prevent Utrition from fully using the licensed Materials.
  9. Uploading a photo of the Dietitian, the Dietitian’s Client or food images via the Dietitian’s Account or Client’s Account shall be deemed a non-exclusive, royalty-free, perpetual and territorially unrestricted license to use such photos in the following fields of exploitation: analog and digital reproduction, computer memory storage, inclusion in computer or multimedia networks, marketing, rental, leasing, public sharing at a time and place selected by the Service Provider, display, transmission, re-broadcasting, playback, inclusion in databases and use for the Service Provider’s promotional purposes. Deleting the Account or the Dietitian Account does not affect the validity of this license.
  10. Uploading photos that are generally considered offensive or contrary to the purpose of alloweat is strictly prohibited.
  11. Photos and other content uploaded to the Account that violate these Terms may be removed by Utrition at any time without prior notice.
  12. Placing the Dietitian’s trademark (logo) in the Dietitian’s Account constitutes consent to Utrition’s public sharingand distribution of that trademark within alloweat and includes a royalty-free license to use the trademark within alloweat in connection with the execution of the Agreement.
  13. Mass downloading, sharing, or transmitting of content posted in the application is strictly prohibited, including:
    1. using API to download alloweat content;
    2. bulk downloading of content from alloweat;
    3. scraping alloweat content;
    4. using tools that place excessive load on Utrition servers.
  14. In the event of a breach of item 13 above, the Dietitian shall be liable to pay a contractual penalty of PLN 50,000 for each violation. Payment of this penalty does not preclude Utrition from pursuing additional claims in court.

§15 RULES FOR HANDLING POTENTIALLY ILLEGAL CONTENT

  1. The User’s use of the Services provided by the Service Provider enables the User to submit Content to the Service Provider for storage at the User’s request within the Services.
  2. It is prohibited to submit Content that:
    1. constitutes illegal content within the meaning of the Digital Services Act (DSA); or
    2. is not compliant with these Terms and Conditions.
  3. 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.
  4. 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.
  5. 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.
  6. Reports may be submitted:
    1. via email to: legal@alloweat.com
    2. through the contact form available at alloweat.com
  7. 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.
  8. 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.
  9. 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.
  10. While the verification is underway, the Service Provider may block the Content to make it inaccessible to Users.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. Appeals may be submitted:
    1. via email to: legal@alloweat.com
    2. in writing by registered letter to the Service Provider’s registered office.
  21. 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.
  22. Upon receipt of the appeal, the Service Provider will promptly confirm receipt via email.
  23. Appeals will be reviewed within 14 days of submission.
  24. 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.
  25. Any individual or entity using the Services may contact the Service Provider regarding matters covered in this paragraph by writing to: legal@alloweat.com.

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

  1. 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.
  2. 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.
  3. 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.

§17 FINAL PROVISIONS

  1. 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.
  2. The Terms of Use shall enter into force on April 1, 2025.
  3. The Service Provider shall inform the User about any changes to the Terms and Conditions at least 14 days in advance, by sending an appropriate notification to the email address provided in the User’s Profile. The User will also be informed about the changes via publication in the Application and through a reminder displayed upon the first launch of the Application following the dispatch of notification to aforementioned email address.
  4. The 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.
  5. Changes to prices resulting from the Price List shall not affect previously purchased and paid packages (subscriptions). The User may object to changes in the Terms and Conditions by terminating the Service Agreement in accordance with paragraph 3 above.
  6. By accepting these Terms and Conditions, the Dietitian confirms that they understand and accept the provisions of the Terms and Conditions of the alloweat Application and Platform for Clients, available at: https://alloweat.com/en/regulations-for-a-client/. The Terms and Conditions for Clients apply to the use of the Application by the Dietitian’s Clients.
  7. In matters not regulated by the Terms of Use, the provisions of Polish law shall apply.
  8. Any disputes arising in connection with the User’s use of Utrition services provided within the alloweat platform shall be settled by the court having jurisdiction over the registered office of Utrition.
  9. If any provision of the Terms of Use is found or deemed invalid, all other provisions shall remain in force.

Annex: Information on the right of withdrawal and sample withdrawal form

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days after the date the contract was concluded.

To exercise the right of withdrawal, you must inform us – Utrition Sp. z o.o., with its registered office in Lublin, ul. Gospodarcza 26, 20-213 Lublin, email: legal@alloweat.com – of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email).

You may use the sample withdrawal form below, but it is not obligatory.

You may also complete and submit the withdrawal form or any other unequivocal statement electronically via our website at https://alloweat.com/en/contact/. If you use this option, we will immediately send you confirmation of receipt of your withdrawal on a durable medium (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

The right of withdrawal does not apply to contracts for the supply of digital content or digital services where the consumer is not obliged to make any payment other than providing personal data and such data is processed solely for the purpose of performing the contract or fulfilling a legal obligation by the trader.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of any goods (except for any additional costs resulting from your choice of a delivery method other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount proportionate to what has been provided until the time you informed us of your withdrawal from this contract.

Sample withdrawal form (complete and return this form only if you wish to withdraw from the contract)

To:
Utrition Sp. z o.o.
ul. Gospodarcza 26
20-213 Lublin
Poland
Email: legal@alloweat.com

 I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the provision of the following service:

——————————————————

Date of conclusion of the contract(*)/receipt of goods(*):

——————————————————–

Name of consumer(s):

——————————————————–

Address of consumer(s):

——————————————————–

Signature of consumer(s) (only if this form is submitted on paper):

——————————————————–

 Date:

(*) Delete as appropriate.