Terms of Use | Healino Sp. z o.o.

I. Definitions:
1. Rules – these rules govern the provision of Services through the Healino.pl Service.
2. Healino.pl Service – the website www.healino.pl, including all its subpages, integral parts serving to provide services electronically, and the mobile application.
3. Seller – HEALINO Limited Liability Company based in Warsaw, registered in the National Court Register by the District Court for the capital city of Warsaw in Warsaw, XIII Economic Division of the National Court Register under the KRS number: 0000679373, with NIP: 1132942828 and REGON: 367337494, business address and address for deliveries: Plac Bankowy2, 00-095 Warsaw, email: info@healino.com, phone number: +48 784 877 672.
4. User – a natural person with full legal capacity using the Seller's services through the Healino.pl Service.
5. Agreement – an agreement for the provision of electronic services concluded in accordance with the Rules between the Seller and the User, the subject of which is the service specified in these Rules.
6. Subscription – a fee for using the Service.
7. Service – a service provided electronically by the Service Provider to the Service Recipient through the Healino.pl Service.

II. General Information:
1. This document defines the terms of access and use of the Healino.pl Service, including the website at www.healino.pl and the conditions for using the Service.
2. Each User, upon taking actions aimed at using the Healino.pl Service, is obligated to familiarize themselves with, comply with, and accept these Rules.
3. Only adults with full legal capacity can use the Healino.pl Service. By taking actions aimed at using the Healino.pl Service, the User confirms that they are of legal age and have full legal capacity.
4. By paying the Subscription, the User confirms that they have read and accepted all the provisions contained in these Rules.
5. If consent is not given to all the conditions of the Rules, one must stop using the website www.healino.pl immediately.
6. The User undertakes to use the Healino.pl Service in accordance with applicable law and social norms.
7. Questions or comments regarding the Healino.pl website and service, as well as contact with the Seller, are possible via email at: info@healino.com.
8. Each User has the opportunity to familiarize themselves with the Rules at any time before concluding the Agreement. The Rules are available on the website www.healino.pl. The Rules can be downloaded and printed at any time.

III. Rules for using the Healino.pl Service:
1. Upon accepting the Rules, the User has the right to view, copy, print, and distribute, without modifying the content, the content of the www.healino.pl website, provided that these contents are used solely for informational, non-commercial purposes, and each copy made contains information about copyright or authorship data.
2. It is prohibited to use the Healino.pl Service: a. In a manner that violates the law, inconsistent with the law, aimed at an unlawful purpose, b. For purposes related to causing harm, c. For sending, knowingly receiving, or using content inconsistent with these Rules, d. For transmitting or inciting the sending of any unsolicited or unauthorized advertising or auxiliary materials, as well as any similar forms, classified as collective SPAM, e. For knowingly transmitting any data, sending or uploading any materials containing viruses, trojans, spyware, adware, or other harmful programs that adversely affect or threaten the functioning of any software or computer hardware or pose a threat to the User.

IV. General terms of providing services by the Healino.pl Service:
1. Through the Healino.pl Service, the Seller provides the following Services: a. Access to tests determining health status and allowing for the personalization of an individual diet plan, b. Access to an individual diet plan comprising a set of recipes covered by the diet plan for a selected number of meals per day, c. Ordering meals covered by the diet plan with the obligation of delivery by the Healino.pl Service in accordance with the meal delivery regulations.
2. To access the Healino.pl Service and use the Service, it is necessary to register on the www.healino.pl website and create an account. It is also possible to log in using a Facebook or Google account.
3. Each subsequent use of the Service after registration requires logging in with the data provided during registration or using a Facebook or Google account.
4. Through the Healino.pl Service, the User can order a Service consisting of creating one of the available diet plans, individually tailored to the User after providing the required information. Providing information is done by entering/selecting the appropriate choice on the www.healino.pl website.
5. The condition for using the Service consisting of access to an individual diet plan is to have an active Subscription for the selected package. The subscription price is visible and available before selecting the package.
6. Subscription prices are expressed in Polish zlotys (PLN) and are gross prices, including the applicable value-added tax at the time of payment.
7. The Subscription can be paid through the payment methods offered by the payment service.
8. Making a payment in the manner specified in the Rules is possible after selecting the diet plan on the www.healino.pl website. Making a payment is equivalent to concluding an Agreement.
9. Activation of a given Subscription occurs upon confirmation of the payment being credited.
10. As part of the Subscription, the User receives access to the Service for 365 days, starting from the moment of activation until 24:00 on the last day of the validity period of the given Subscription.
11. The validity period of the Subscription is indivisible and uninterrupted and is not dependent in any way on the number of days covered by the individually generated diet plans during this period.
12. Failure by the User to perform actions allowing for the generation of an individual diet plan does not affect the duration of access to the Service.
13. The Service in the form of access to tests determining health status and allowing for the personalization of an individual diet plan is free of charge.
14. By fulfilling the obligation arising from Article 6(1) of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344), the Seller informs that using the Services involves transmitting data over the public Internet, and therefore, it is associated with the risk characteristic of the Internet.

V. Conditions for concluding and terminating the Agreement for the provision of Services:
1. The Agreement is concluded at the time of payment in the manner specified in these Rules. Using the Service is based on the rules specified in these Rules.
2. The Agreement is concluded for a specified period and is valid for the duration of the Subscription.
3. The Seller may terminate the Agreement with the User if they use the Rules in a manner inconsistent with these Rules.
4. The Agreement for the provision of the Service can be terminated at any time by mutual agreement.

VI. Technical Requirements:
1. Technical conditions for using the Service are essential for its proper functioning, appearance in the internet browser, and the mobile application used by the User, as well as for the security of data transmission.
2. To use the Services, it is necessary to have: a. an end device with Internet access and an internet browser: • Chrome version 42 or higher • Firefox version 4 or higher • Internet Explorer version 9 or higher, • Opera version 15 or higher, • Safari version 8 or higher b. an active and properly configured email account.
3. In the case of wanting to use the Service on a mobile device, it is necessary to have a device with iOS or Android 2.3 (or a newer version) operating systems.
4. The use of Services may also be possible using internet browsers not mentioned above, however, in such a case, the Seller does not guarantee the operation of the Service according to its assumptions and is not responsible for errors or damages resulting from the use of such a browser.
5. The Seller reserves the right to restrict or make access to the Services provided within the Healino.pl Service difficult or impossible during the maintenance of information systems, for which the Seller is not responsible.
6. The Seller undertakes to inform about the need for maintenance work on the website www.healino.pl with appropriate advance notice.

VII. Copyrights and Intellectual Property:
1. An individual dietary plan generated through the Healino.pl service, which is the subject of the Service, and other content made available to Users as part of access to the Healino.pl Service, constitutes a work and is subject to protection provided for in the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws of 2019, item 1231).
2. The conclusion of the Agreement does not transfer proprietary copyright to the works mentioned in point 1, nor does it constitute the basis for a claim to conclude an agreement on the transfer of such rights.

VIII. Consumer Rights:
1. The User has the right to withdraw from the Agreement within 14 days of its conclusion without stating a reason and without incurring costs.
2. Withdrawal from the Agreement is possible by sending a statement of withdrawal to the email address: info@healino.com.
3. A sample withdrawal statement is attached to these Regulations.
4. In the event of withdrawal from the Agreement, the paid Subscription will be refunded to the bank account from which the payment was made.
5. Upon receiving an individual diet plan, the User has no right to withdraw from the Agreement.

IX. User Personal Data and Data Transmission Risk.
1. Detailed information regarding the processing of personal data can be found in the Privacy Policy.
2. Fulfilling the obligation arising from Article 6(1) of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344), the Seller informs that, regardless of the protection of personal data processing by the Seller, using the Services involves transmitting data via the public internet network, and therefore, it is associated with the risk characteristic of the internet.

X. Limitation of Liability:
1. The test performed by the User as part of using the Healino.pl Service and the results of these tests have informational value. Other information contained on the website is not a source of medical knowledge and is not medical advice; it cannot be treated as a substitute for consultation with a doctor or dietitian.
2. The Seller is not responsible for the improper consumption of meals determined in the diet plan generated as part of the Service, including the consumption of meals in a manner contrary to the user's health.
3. The Seller is not responsible for the consequences of consuming meals specified in the diet plan generated as part of the Service, resulting from existing and previously unknown health conditions of the User, including hypertension, diabetes, lactose intolerance, existing allergies, and medications taken.
4. The Seller is not responsible for damages related to the use of the Service, arising from the manifestation of illnesses previously unknown to the User.
5. In case of doubts about the absence of contraindications to consuming meals specified in the diet plan, the User should consult a doctor.
6. The Seller is not responsible for damages resulting from the implementation of the Agreement without prior medical consultation.
7. The Seller is not responsible for damages incurred by a third party, not being the User, resulting from the consumption of meals specified in the individual diet plan of the User.
8. The individual diet plan established as part of the Service is not intended for pregnant or breastfeeding women, as well as for people suffering from diabetes, regardless of the type of diabetes.
9. Healino uses the results of health tests and information provided by users to provide recommendations for dietary plans and recipes. Although Healino makes reasonable efforts to tailor these recommendations to the user's nutritional needs, lifestyle, and preferences, trying to adhere to international guidelines and health recommendations, Healino cannot and does not claim or guarantee that the user will find recommendations suitable for their health, preferences, nutritional needs, and/or health, and that such recommendations are safe and appropriate. Healino is not an accredited health or nutrition specialist and does not have the complete health history of each user. Users should consult with their medical professional, undergo all necessary tests, and use common sense before making any decisions regarding diet or food choices. The content of the website and services, including health tests, DOES NOT constitute a substitute for professional medical advice, diagnosis, or treatment.

XI. Complaints:
1. Complaints about the provided Services and the functioning of the Healino.pl Service can be submitted in the following ways: a. by email to the address: info@healino.com, b. in writing to the Seller's registered office address.
2. The deadline for submitting a complaint is 7 days from the date of the event that is the basis for the complaint.
3. The complaint should include at least the identification of the User submitting the complaint, a precise indication of the circumstances underlying the complaint, and an indication of the expected way of handling the matter.
4. The Seller responds to the complaint within 30 days from the date of its receipt. If the complaint does not contain all the information referred to in point 3, or additional information is necessary to consider the complaint, the Seller will contact the User within a period not exceeding 7 days to complete it.
5. The response to the complaint, regardless of how it is submitted, will be sent to the User at the email address assigned to the User's account unless a different email address is indicated in the complaint, to which the response should be sent.

XII. Final Provisions:
1. The Seller reserves the right to change these Regulations. The Seller will notify about the change of the Regulations by posting information on the website www.healino.pl at least 7 days before the changes come into effect.
2. The change of the Regulations does not apply to Users who have purchased access to the Service during the validity of the previous version of the Regulations.
3. Any disputes arising in connection with the User's use of services provided by the Seller, if referred to the court, shall be resolved by the court having jurisdiction over the Seller's registered office.
4. If any provision of the Regulations is deemed invalid or in violation of the law, the Regulations shall apply to the extent that no invalidity or inconsistency with the law is determined.
5. The Regulations come into effect on November 1, 2020.