Terms & Privacy Policy

TERMS OF SERVICE OF THE FITAID APPLICATION (the "Terms of Service") Courtesy translation. The Czech version of this document is legally binding; in case of any discrepancy the Czech version prevails. 1. Introductory provisions 1.1. These Terms of Service govern the legal relationship between: Macro Labs s.r.o. registered office: Benešova 645, Kolín II, 28002 Kolín, Czech Republic company ID (IČO): 22328505 registered in the Commercial Register under file no. C 414683, kept by the Municipal Court in Prague (the "Operator") and a natural person – a user of the FitAid mobile application (the "User" or "you"). 1.2. The FitAid mobile application (the "App") is software provided by the Operator that serves in particular to: a) record and analyse the meals consumed, including photos of the meals and other information about them; b) track and evaluate the fulfilment of the User's nutrition and dietary goals (e.g. daily intake of energy, fats, carbohydrates, proteins and other nutrients) based on data entered by the User; c) display summaries, statistics and overviews of the User's eating habits; d) provide other supporting functions related to nutrition and lifestyle currently available in the App. 1.3. By using the App (installing it, registering or simply using it) you confirm that you have read these Terms of Service, understand them and agree with them. 1.4. An integral part of these Terms of Service are: • the Privacy Policy; • the Consent to the processing of personal data (GDPR consent), which set out in detail how your personal data is processed in connection with your use of the App. 2. Registration and user account 2.1. To use the App you need to create a user account (the "Account"). An Account can be created: • by registering with an e-mail address and password, or • by signing in through a third party (e.g. Google, Apple ID), if this option is available in the App. 2.2. When registering, you must provide true, accurate and current information. You must update any change to it without undue delay. 2.3. You are responsible for keeping your Account credentials confidential and for all activities carried out through your Account. The Operator is not liable for misuse of the Account by a third party resulting from a breach of your obligations. 2.4. The Operator may at any time refuse a registration or suspend or cancel a User's Account if the User breaches these Terms of Service or applicable law, or acts in a way that may harm the Operator, other Users or third parties. 2.5. The User may at any time revoke the App's access to physical activity data through the settings of their device or of the external service from which the data is imported. Revoking access does not affect the validity of the contractual relationship and does not give rise to a refund, but it may limit the availability of some App functions. 3. User age 3.1. The App is intended for persons over 18 years of age, or for persons over 16 years of age with the consent of their legal guardian where the law of your place of residence permits it. 3.2. By using the App you declare that you meet the above age requirements. The Operator may verify that these requirements are met in a reasonable manner. 4. Description of services and functionality of the App 4.1. In particular, the App allows you to: a) enter, store and manage information about the meals consumed, including: • a text description of the meal, • photos of meals, • other information about them (e.g. quantity, time of consumption, type of meal, subjective rating); b) track and evaluate the fulfilment of nutrition goals set by the User, in particular daily intake of energy (calories) and selected macronutrients (e.g. fats, carbohydrates, proteins) and possibly other nutritional indicators, if this function is available in the App; c) display overviews, summaries, statistics and charts reflecting the User's eating habits and their development over time; d) provide basic supporting recommendations and notifications (e.g. alerts when nutrition goals are not met or are exceeded), based on data entered by the User; e) other functions which the Operator may add or change over time and which correspond to the overall purpose of the App under Art. 1.2. f) If the user allows access to physical activity data from external services (e.g. Apple Health, Google Fit or other devices or apps), the App may load this data and use it solely for analytical calculations, statistics, overviews and other functions related to the user's nutrition goals. 4.2. The App is of a supportive, informational and indicative nature. The App does not provide health services, medical care, dietetic advice or any other professional health service. Any outputs of the App (e.g. statistics, overviews, recommendations or alerts) are for information only and do not replace: • an individual medical diagnosis or treatment, • professional nutrition or dietetic advice, • a consultation with another qualified professional. 4.3. In the case of any health problems, illness or dietary restrictions, the User must consult their diet, weight-loss or other regime directly with a doctor or another qualified professional. The App is not intended for deciding on treatment or for self-diagnosis of a health condition. 4.4. The Operator may at any time change, extend or limit the functions of the App, or discontinue the App or part of it. The User will be informed of material changes in an appropriate manner (e.g. by a notice in the App or by e-mail). 5. Prices and payment terms 5.1. The App may be provided: • free of charge, or • partly or wholly for a fee, in particular in the form of a subscription or one-off payments, according to the Operator's current offer (the "Paid Services"). 5.2. Current prices of the Paid Services are shown in the App, on the Operator's website and/or in the relevant app store. Before placing an order, the User is always shown the final price, the relevant billing period and any automatic renewal of the subscription. 5.3. Paid Services may be paid in particular through the App Store, Google Play, or the payment service Stripe when buying on the Operator's website. The availability of individual payment methods may differ by device, country and method of purchase. 5.4. For purchases through the App Store or Google Play, payment processing, automatic renewal, subscription management and any refunds are also governed by the terms of the relevant app store. 5.5. For purchases through the website, the contract for the provision of the Paid Service is concluded between the User and the Operator. The payment is technically processed by the payment service provider Stripe. The Operator does not store the User's full payment card details. 5.6. If an automatically renewing subscription is agreed, the subscription is automatically renewed at the end of each billing period and the relevant price is charged through the chosen payment method until the User cancels the subscription. Cancellation takes effect at the latest at the end of the period already paid, unless stated otherwise. 5.7. A subscription purchased through the website can be managed and cancelled by the User in the way shown in their User Account or through a link provided by the Operator. 5.8. If the User is a consumer, they have the rights set out by law, including the right to withdraw from a distance contract, unless that right is excluded by law in the specific case. If a Paid Service is made available before the statutory withdrawal period expires, the Operator will, where required by law, ask for the User's express consent to the start of performance and provide the relevant information. 5.9. After placing an order through the website, the User receives an order confirmation at the e-mail address provided. 6. Licence and terms of use of the App 6.1. The Operator grants you a non-exclusive, non-transferable, territorially unlimited and revocable licence to use the App on your end device, solely for your personal, non-commercial purposes and in accordance with these Terms of Service. 6.2. In particular, the User must not: a) copy, modify, decompile, reverse engineer or otherwise interfere with the App or its parts or its source code, except where expressly permitted by law; b) distribute, rent, lend or otherwise make the App available to third parties beyond ordinary use; c) circumvent, disrupt or otherwise interfere with the technical protection measures of the App; d) use the App in breach of these Terms of Service, the law or the legitimate interests of the Operator or third parties. 6.3. All rights to the App, its graphics, name, logo, content and related copyright works, trademarks and know-how belong to the Operator or its contractual partners. 7. User content and data 7.1. When using the App, the User may enter, store and manage in particular the following types of data (the "User Content"): • information about the meals consumed (e.g. name of the meal, ingredients, quantity, time of consumption); • photos of meals; • additional data and notes about meals and eating habits; • physical activity data imported from external services (e.g. Apple Health or Google Fit); • any other data the User voluntarily enters into the App. 7.2. The User bears full responsibility for the User Content they enter into the App. 7.3. By providing User Content, the User grants the Operator a non-exclusive licence to use that content to the extent necessary to operate the App. 7.4. The processing of User Content that also constitutes personal data is governed by the Privacy Policy. 8. Prohibited use of the App 8.1. When using the App, the User undertakes not to: a) disrupt the security or technical operation of the App or related systems; b) attempt unauthorised access to other Users' Accounts or to the Operator's internal systems; c) spread malware, spam or other unwanted or harassing messages through the App; d) use the App for activities contrary to the law, good morals or the legitimate interests of the Operator or third parties. 8.2. If there is a reasonable suspicion of a breach of this Article, the Operator may restrict or temporarily block the User's access to the App or cancel the User's Account. 9. Availability and maintenance of the App 9.1. The Operator strives to keep the App available and functional in the long term. The User acknowledges, however, that the availability of the App may be affected by technical limitations or outages. 9.2. The App or part of it may be temporarily unavailable due to maintenance, updates or the introduction of new functions. 9.3. The Operator is not liable for damage caused by temporary unavailability of the App, reduced performance or loss of User Content if they occur as a result of circumstances the Operator could not influence. 10. Liability and limitation of liability 10.1. The App is of a supportive and informational nature in the field of nutrition and eating habits. The App is not a health professional, doctor, dietitian or nutrition therapist and does not provide health services or professional advisory services. 10.2. Any information, overviews, statistics and recommendations generated by the App are indicative only and are based on data entered by the User. 10.3. The User is solely responsible for the accuracy, completeness and currency of the data entered into the App and for the decisions they make based on the App's outputs. 10.4. The Operator is not liable for any harm to health, deterioration of health or other damage to health resulting from a diet, regime or lifestyle changes the User adopts based on their use of the App. 10.5. To the extent permitted by applicable law, the Operator's total liability towards the User for damage arising in connection with the use of the App is limited to the total of payments the User made to the Operator for the use of the App in the 12 months immediately preceding the occurrence of the damage. 11. Third-party information and links 11.1. The App may contain links to third-party websites or services. 11.2. The Operator is not responsible for the content, functionality, security or legal compliance of third-party websites and services. 12. Personal data protection 12.1. Operating the App involves processing the User's personal data to the extent and under the conditions set out in the Privacy Policy. 12.2. Detailed information about the purposes, legal bases and retention periods of personal data and about the User's rights is provided in the separate Privacy Policy document. 13. Duration and termination of the contractual relationship 13.1. The contractual relationship between the Operator and the User is concluded when the User starts using the App and lasts for as long as the App is used. 13.2. The User may stop using the App at any time by uninstalling the App from their device or by cancelling their Account. 13.3. The Operator may terminate the contractual relationship with the User or interrupt or restrict their access to the App, in particular if the User has breached these Terms of Service. 14. Changes to the Terms of Service 14.1. The Operator may change these Terms of Service unilaterally at any time. 14.2. The User will be informed of a change to the Terms of Service in an appropriate manner. 14.3. If the User does not agree with a change to the Terms of Service, they may stop using the App and cancel their Account. 15. Governing law and dispute resolution 15.1. These Terms of Service are governed by the law of the Czech Republic. 15.2. The Operator and the User undertake to seek an amicable resolution of all disputes. 15.3. If a dispute cannot be resolved amicably, a court in the Czech Republic has jurisdiction. 16. Final provisions 16.1. If any provision of these Terms of Service proves invalid, this does not affect the validity of the other provisions. 16.2. These Terms of Service are available in the App. 16.3. These Terms of Service take effect on 21 August 2026.