Terms and Conditions – TiqDiet

I. General provisions

1.1 Explanation of terms used in the Term and Conditions:

Service – Internet service available via websites www.tiqdiet.pl and app.tiqdiet.com.

Application – mobile application TiqDiet.

Digital content – data which are produced and supplied in digital form.

Services – services provided electronically by the Service Provider based on the Agreement and the Terms and Conditions.

Service Provider – Spotbeans sp. z o.o. sp. k. with its registered office in Szczecin, Cyfrowa Street 6, KRS number 0000575808, NIP 8513187427, REGON 36249791600000, e-mail: info@spotbeans.com.

User- a natural person using the Application and Service in connection with the economic activity in the field of nutrition (dietary advising) or a natural person using the Application and Service unrelated to the pursuit of its economic activities (consumer).

Patient – a natural person being User’s client.

Data – User’s data, including personal data processed in order to implement the Agreement.

Cookies – text files saved and stored on User’s device for use of the Service.

KC – Act of 23 April 1964 Polish Civil Code (Journal of Laws 2016 position 380 as amended).

Terms and Conditions – Terms and Conditions of TiqDiet.

1.2 These Terms and Conditions specify the rules for the use of the Service available at the Internet addresswww.tiqdiet.pl and how to use the mobile application TiqDiet.

1.3 Use of the Service is carried out using computerised system that provides processing and storage, as well as sending and receiving data through telecommunications networks, according to the Act on electronic services.

1.4 Using the Application is carried out using a mobile phone / tablet with Android / iOS.

1.5 For the use of the Service User must have a device with access to the Internet and a web browser.

1.6 Information about the goods presented on the Website, in particular descriptions, pictures, prices constitute an invitation to conclude an agreement within the meaning of art. 71 KC.

II. Rules of use of the Service

2.1 The Service is a system in which the User can collect data related to their activity in the field of dietetics.

2.2 The condition to start using the Service is User’s registration on the website of the Service .

2.3 The condition for registration is to get acquainted with the Terms and Conditions and to accept their provisions.

2.4 The User is obliged to specify in the registration process truthful, accurate and current data.

2.5 It is forbidden to use the Service in a manner inconsistent with the provisions of these Terms and Conditions, the applicable provisions of law, morality or principles of social coexistence.

2.6 It is prohibited to copy, reproduce or use, at least in part, the content of the Service without the prior written consent of the Service Provider.

2.7 The User is not entitled to provide services to third parties in whole or in part, or to the development of similar services provided by the Service Provider as a model or other actions infringing copyright and other intellectual property rights.

2.8 The User undertakes to refrain from any action aimed at hindering, destabilization of the Service or the difficulty of using the Service by other Users.

2.9 In the event of breach of the obligations referred to in paragraph. 2.4. – 2.8. User may be deprived of the possibility of using the Service by blocking his account, blocking access to part of the Services available via Service, and in a particularly egregious cases – irrevocably deleting their account in the Service, in the event of an ineffective first call to stop the infringements.

2.10 Blocking User’s account and blocking User’s access to part of the Services available via Service may be at the discretion of the Service Provider applied for a limited time or until its appeal.

2.11 Removing an account in the Service constitutes termination of the Service Agreement by Service Provider with immediate effect. User is informed via e-mail about the fact of blocking his account, blocking the access to part of the Services or removing their account. The User that is a consumer received paid subscription fee back in proportion to the number of days remaining to be used in the Service. In the case of the User who is an entrepreneur paid subscription fee for the unused period of use of the Service is not refundable.

2.12 The User (hereinafter referred to as the “Licensor”), who is adding content in the form of descriptions of dishes and recipes for dishes and ( “Contents”), and at the same time marking their status as public within the Service, provides Service Provider and other Users (referred to collectively as “the Licensees”) with a non-exclusive, royalty-free, unlimited geographically and temporally license to use the Contents within the Service and beyond, for all fields of use, in particular:

a) recording and reproduction, in whole or in part with all the techniques needed for the Licensee, including magnetic storage, digital technology, optical, printing, reprographic;

b) introducing into the computer, mobile devices, servers, computer networks and access to the Internet, mobile devices of all kinds, printed press, television;

c) distribute the Contents, in whole or in part, in such a way that everyone can have access to the place and time of their choice, in particular on the Internet and on any mobile devices, CDs, DVDs as well as through public performance, display, reproduction, broadcasting, re-broadcasting;

d) marketing, lending, leasing, and publishing;

e) use of Contents for advertising and promotional purposes.

2.13 The Parties declare that under the license the Licensee is entitled to exercise dependent copyright, to make any changes to the Contents, translations, make developments and combine them with other works. The Licensee is entitled to rights to work resulting from changes that have been made. Licensor allows Licensee’s to dispose and use the Contents development free of charge.

2.14 Licensor grants free consent for the Licensee to grant sub-licenses to third parties to use the Contents in terms of licence granted hereunder without additional consent of the Licensor on the fields of use mentioned in this chapter.

2.15 Licensor will not use the law of author’s supervision and authorizes the Licensee to exclusively perform on behalf of Licensor’s moral rights to the Contents.

2.16 Licensor declares that he enjoys full rights to grant license on the terms described in these Terms and Conditions, including owning the copyright to the Contents or that he is authorised to grant sub-licenses with the right to sublicense, Contents does not infringe the rights of third parties, and if the use of the Contents requires the consent of third parties, in particular the publication of the image, the Licensor has such consent. Licensor declares that the Contents are not subject to any third parties claims, do not require the consent of third parties to use them. In a situation when any claims of third parties are submitted to the Contents in relation to implementation of Terms and Conditions, the entity responsible for the publication of Contents is the Licensor and the Licensee agrees to notify the Licensor of the reported claims. Licensor is liable to Licensee for any damages, losses, costs and fees associated with the violation of rights of third parties.

2.17 Contents license is granted for an indefinite period from the date of adding Contents. The license may be terminated with a 5-year notice period starting from January 1 of the year following the submission of the notice.

III. The conclusion of the service contract

3.1 Registration in the Service is the moment of conclusion of the agreement on electronically provided services.

3.2 During the first 14 days after registration User may use the Service for free. After that period the User must decide whether to choose to continue to use the Service and to purchase one of the subscriptions referred to in paragraph 3.3. In the absence of a decision or the decision of not purchasing any subscription, access to the User’s access to the Service is blocked. Within a further 30 days User can unlock access to the Service by purchasing a subscription. In the case of expiry of this term as well, User is deprived of access to the Service irrevocably and all their data are subject to removal.

3.3 Placing an order for access to the Service shall be by selecting one of the subscriptions:

monthly;

six month ,

year.

3.4 The Service Provider can prepare other subscription offer for the User at their personal request and after concluding conditions by both parties.

3.5 Until the moment of approval of the order by pressing the “Approve” button User has the option to change the order.

3.6 Approval of the order constitutes an offer within the meaning of art. KC 66, submitted by the User, in accordance with the Terms and Conditions.

3.7 After approval of the order User receives a message in the User’s panel containing price and the proposed essential elements of the order, including the scope of services provided by Service Provider set individually for each User.

3.8 In order to implement the agreement with the User, Service Provider makes TiqDiet mobile application available for use by Patients. The Application will be available on selected mobile systems in selected applications stores. The license for mobile application is free and non-exclusive.

3.9 The User being a consumer is not entitled to withdraw from the agreement of services provided by the Service, due to the nature of the provided services that consist of the supply of digital content which is not stored on a tangible medium. User being a consumer is informed about it by the Service Provider during the registration process in the Service. The User registering in the Service agrees to begin the performance of the service consisting of the supply of digital content which is not stored on a tangible medium before the deadline for withdrawal. The lack of consent results in the inability of registration in the Service. The Service Provider sends at User’s e-mail address given during the registration process a confirmation of giving the consent referred to above.

3.10 The User is entitled to terminate the agreement at any time without any particular reason with immediate effect. Termination may take place by sending a statement at info@spotbeans.com. Termination results in deleting User’s account by the Service Provider.

3.11 In the event of termination of the agreement by User in accordance with item 11 above, the User being a consumer receives a paid subscription fee back in proportion to the number of days remaining to be used in the Service – this does not apply, however, when the User has paid the subscription fee for one month – the fee for the unused period of use of the Service is not refundable. In the case of the User who is an entrepreneur the paid subscription fee for the unused period of use of the Service is not refundable.

IV. The quality of services

5.1 The Service Provider is obliged to provide the highest quality of their services.

5.2 The User acknowledges that because of the configuration of technical equipment, through which the User browsing the Service, certain features of the Service may be unavailable to him.

5.3 Service is available at 98% per annum and for the unavailability of the remainder period of time the Service Provider is not liable for. In case of unavailability above 2% per annum Service Provider shall extend the User’s subscription in proportion to the period of unavailability.

5.4 Service Provider is not liable for any damage or loss caused by an act or failure to act of the Service, unless they result from willful misconduct or gross negligence.

5.5 Service Provider reserves the right to temporarily disable the functioning of the Service in a time of 8 PM to 6 AM, to make updates or technical improvements, or to broaden the content of the Service. Service Provider will inform Users about such actions a week in advance via posting information in the Service.

5.6 Service Provider reserves the right to transfer all rights to the Service, to its total liquidation or cessation of the services in part or in whole without noticing the Users.

V. Personal data

6.1 Service Provider is not responsible for the content and form of data placed by the User in the Service. It is forbidden to place illegal content, in particular vulgar, sexually explicit, evoking racism, persecuting for ethnic, cultural or religious reasons, promoting or encouraging to criminal activities, violating the rights of third parties, including intellectual property rights or constituting another form of infringement of the goods protected by the law.

6.2 Provision of item 6.1. the first sentence above shall not apply if the Service Provider becomes aware of the illegal nature of the data or their conflict with the provisions of these Terms and Conditions.

6.3 Service Provider is the administrator of personal data posted by the User in the Service. The User (dietician) as the administrator of personal data of their Patients (sensitive data) by introducing them to the Service Provider outsources the processing of these data. The User (dietitian) will receive from the Service Provider at e-mail address a form of an outsourcing of data processing agreement, together with the recommendation of signing and returning the agreement in accordance with the instructions.

6.4 Personal data processed by the Service Provider are stored on Service servers .

6.5 The Service Provider provides Users with access to their personal data and enables their correction and completion.

VI. Complaints

7.1 Any complaints related to the functioning of the Service Users can submit by sending the complaint application to the following address: info@tiqdiet.com

7.2 A complaint has to:

be made by the User to the appropriate address,

include the reason for complaint and possibly determine the scope of activities, the performance of which User expects,

contain User’s current contact details.

7.3 Complaints are dealt with by the Service Provider within 14 days of receipt, on condition that they are formulated in a clear and understandable way.

7.4 In the case of incomplete or unclear complaint preventing recognition of the complaint within the period referred to in item 7.3. above, the Service Provider will ask the User to correct the complaint within 7 days.

7.5 In case of ineffective call referred to in item 7.4. above, the complaint shall not be dealt with.

7.6 Users are informed about the result of the complaint at their current e-mail address.

7.7 In the case of agreeing to User’s complaint, the Service Provider removes the defect. If repairment or replacement are impossible or require excessive costs, the User receives all the paid costs back (price of the purchased subscription). Refunds shall be made to the bank account specified by the User.

VII. Final Provisions

8.1 The Service uses cookies to:

customize the website in terms of its content to the individual needs of the User,

enable appropriate viewing of the Service website by recognizing the device through which the User uses the website;

maintain User’s session after logging in, thanks to which it is not required to log in again.

8.2 These Terms and Conditions are available at the headquarters of the Service Provider and at the electronic address www.tiqdiet.pl in an electronic version, enabling the acquisition, playback and recording using the communication system used by the User.

8.3 Service Provider reserves the right to make changes to these Terms and Conditions. Amendments shall enter into force within 7 days from their publication.

8.4 In the absence of acceptance of the amendments to the Terms and Conditions User is entitled to terminate the Agreement by sending a proper statement at info@spotbeans.com before the date of entry into force of amendments. In this case, until the expiry of the Agreement, the provisions of the Terms and Conditions in the previous version apply, and the Agreement shall expire on the date of entry into force of amendments to the Terms and Conditions.

8.5 In matters not regulated herein, the provisions of Polish law, in particular KC, the Act of 18 July 2002 on the electronic services (Journal of Laws of 2013., Pos. 1422 as amended) and the Act of 30 May 2014 on consumer rights (Journal of laws of 2014., pos. 827, as amended) shall apply.

8.6 Any disputes arising from the implementation of the provisions of these Terms and Conditions, the parties shall seek to settle amicably. In the event of disagreement, the dispute will be considered by a court of general jurisdiction for the Service Provider. In case of the Users who are consumers, disputes will be resolved by a court of general jurisdiction for their place of residence.

8.7 Terms and Conditions come into force on 01.01.2017