NutriLogic platform terms of service
and rules for providing electronic services
Section 1. Basic definitions
Capitalised terms used in these Terms of Service shall have the following meanings:
a)
Terms of Service - this document setting out the rules for providing the Services electronically, including the rights and obligations of the Parties. These Terms have been prepared in accordance with the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);
b)
Services - the set of functionalities made available by the Service Provider;
c)
Service Provider - NutriLogic spółka z o.o. with its registered office in Łódź, ul. Piotrowska 148/150, 90-063 Łódź, entered in the National Court Register (KRS) under number 0001237862, NIP 7252366419, with share capital of PLN 5,000;
d)
Service User - a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, being a Specialist;
e)
Specialist - a natural person who is a dietitian, clinical dietitian, physician, physiotherapist, personal trainer, team trainer, osteopath or a person practising a related profession in the fields of medicine and nutrition;
f)
Client - a natural person who is a client or customer of the Specialist;
g)
Specialist Panel - a set of resources (profile) maintained for the Specialist within the System through which the Specialist may use the System's functionalities;
h)
Clinic/Practice Owner Panel - a set of resources (profile) maintained for the Clinic/Practice Owner within the System through which the Clinic/Practice Owner may use the System's functionalities;
i)
Client Panel - a set of resources (profile) maintained for the Client within the System through which the Client may use the System's functionalities;
j)
AI Module - a System feature that uses artificial intelligence models, machine learning, natural language processing or other algorithmic solutions to generate, organise, analyse, read, assist in creating or present content, recommendations, summaries, answers or suggested actions;
k)
Lab OCR - a System feature for reading data from images, photos, scans, PDF files or other reproductions of documents containing laboratory test results or other health information about the Client, with the possibility of further organising, analysing or presenting that data in the System;
l)
Supplement generator - a System feature for creating proposed supplement sets based on data entered into a survey, form, Client profile or other information stored in the System;
m)
Parties - collectively the Service Provider and the Service User. Definitions referring to the Specialist and the Client shall apply accordingly;
n)
Price list - the list of currently provided Services, their description and information on fees (or lack thereof), available in the Pricing section. The price list also publishes information on available Subscriptions;
o)
Subscription - a time-limited, renewable right to use the Services. Subscription terms (payment, duration) are set out in the Price list;
p)
System - an ICT tool supporting the Specialist and the Clinic/Practice Owner in organising work with the Client.
Section 2. General provisions
1.
The Services are intended primarily for Specialists.
2.
The Client Panel is secondary to the Specialist Panel and serves cooperation between the Specialist and the Client.
3.
Use of the Services requires registration and activation of the relevant Panel.
4.
Registration and activation of the relevant Panel proceed as follows:
a)
completing the registration form;
b)
accepting these Terms of Service;
c)
activating the Panel via a link or activation code sent to the e-mail address provided in the registration form.
5.
A contract for the provision of Services is effectively concluded by:
a)
the Service User selecting the desired Service variant from those available in the Price list; accepting these Terms together with attachments (including the Price list), which constitutes confirmation of the intention to use the Service on the selected terms;
b)
providing the Service User's data necessary for billing;
c)
payment for the Service by the Service User (unless the Service is temporarily or permanently free of charge under the Price list);
6.
A confirmation of the conclusion of the contract is sent to the Service User's e-mail address. An invoice may be generated and delivered via an external service or third-party services and features.
7.
Before the Services are activated, the Service User makes the following statement: "I request performance of the service contract before the withdrawal period expires."
Section 3. System
1.
The System does not provide healthcare services, does not make diagnoses, does not prescribe treatment and does not replace medical, dietetic, physiotherapy or any other professional consultation.
2.
Results, suggestions and recommendations generated by the System are ancillary and require independent assessment by the Specialist or User, depending on how the given feature is used.
3.
Using the Services requires a device with Internet access, an up-to-date web browser that supports cookies, JavaScript and encrypted HTTPS connections, and an active e-mail address.
Section 4. Services
1.
Under the Services, the Service Provider provides telecommunications services to Service Users, consisting in particular, but not exclusively, of:
a)
enabling Service Users to operate the relevant Panels;
b)
entering and storing Client data;
c)
using System features based on that data;
d)
managing the relationship with the Client.
2.
The Service Provider does not guarantee availability of all features and Services. Where possible, the Service Provider will give reasonable advance notice of unavailability of particular Services.
3.
The Services are provided in variants. Services may be offered under different Subscription models, as detailed in the Price list.
4.
AI Modules are used only in the following areas:
a)
AI meal plan creation;
b)
OCR reading;
c)
the AI Chat Bot searching the Service Provider's databases
5.
The AI Modules referred to in subsection 4(b) and (c) do not perform a creative function.
Section 5. OCR reading
1.
The System allows Clients or Specialists to upload to the System photos, scans or other reproductions of laboratory test results and other documents concerning health status.
2.
The Service Provider does not guarantee full accuracy of data read from an image or document, in particular where image quality is poor, the document is illegible, formatting errors occur or the layout is unusual.
3.
The User or Specialist must verify data read by the System before using it.
Section 6. Rules of use
1.
The Service User is responsible for complying with the rules set out in these Terms of Service.
2.
When using the Services, the Service User shall comply with applicable law, in particular on personal data protection, copyright and intellectual property, and shall in particular refrain from introducing unlawful content into the System.
3.
The Service Provider will exercise reasonable care so that use of the System is secure. The Service Provider cannot, however, assume liability for risks typical of using the Internet (such as malware, criminal activity by third parties and others).
4.
The Specialist is responsible for properly granting, updating and revoking access rights within their team.
5.
Sharing one Panel among several people is not permitted.
6.
The Service User shall ensure that everyone with access to Client data is bound by a duty of confidentiality.
Section 7. Billing rules
1.
Services offered by the Service Provider are paid unless expressly stated otherwise.
2.
Information on Service fees, remuneration and billing rules is published in the Price list.
3.
The Service Provider may update the Price list.
4.
Remuneration for Services shall be payable in advance for the agreed service period unless the Price list expressly provides otherwise.
5.
The Service Provider enables online payment. Details of currently available payment methods are shown when the Service User selects the desired Service variant.
6.
By accepting these Terms, the Service User authorises the Service Provider to issue VAT invoices electronically. The Service User also agrees to receive VAT invoices electronically at the e-mail address they provide.
7.
The Service User may cancel use of a purchased Service at any time during its term, with effect at the end of the active subscription period.
8.
Cancellation of a purchased Service or termination under subsection 1 above does not release the Service User from payment obligations already incurred. In particular, the Service User must pay for the entire originally agreed Service period. The Service User is not entitled to a refund for any unused period.
9.
The Service Provider may run promotions allowing use of the Services on preferential terms. The rules of such promotions and participation will be set out in separate terms or notices from the Service Provider.
Section 8. Provisions applicable to businesses
1.
Under these Terms, the Service Provider's liability based on the Civil Code for warranty is excluded.
2.
All liability of the Service Provider is limited to intentional or grossly negligent act or omission.
3.
In no event shall the Service Provider be liable for lost profits.
4.
The Service Provider is also not liable for damage resulting from loss of data.
5.
The Service Provider's liability to the Service User in all cases is capped at the total amount of fees paid by the Service User for the Services.
6.
Liability for use of the Services rests with the Service User.
Section 9. Complaints
1.
Anyone using the Website may submit a complaint about how it operates.
2.
In addition, the Service User may submit a complaint about the operation of the Services.
3.
The Service Provider recommends directing complaints to the e-mail address: service@nutrilogic.io.
4.
To help process complaints, the Service Provider recommends that a submission include:
a)
information identifying the complainant;
b)
a description of the issue (time, frequency, effects);
c)
the desired resolution.
5.
The Service Provider will handle the complaint without undue delay, no later than 14 days from receipt.
Section 10. Final provisions
1.
These Terms of Service are continuously available on the NutriLogic website at /en/terms.
2.
Service Users will be informed of changes to these Terms via the Website.
3.
Polish law applies to all matters governed by these Terms of Service.
4.
Any disputes arising from these Terms (including concerning the Services) shall be resolved by the court having jurisdiction over the Service Provider's registered office.