This personal data processing policy has been drafted in accordance with the requirements of the State of Delaware and sets out the processing of personal data and measures to ensure the security of personal data of Smarteat Inc. (hereinafter referred to as the Operator).
Terms of Service
State of Delaware
This agreement is a public agreement between Smarteat Inc, hereinafter referred to as the "Contractor" and any individual who has expressed willingness to use the services of the Contractor and accepted the terms of this agreement (hereinafter referred to as the Agreement), hereinafter referred to as the "Customer".
In case of acceptance of the conditions set out below and payment for services, the person making the acceptance of this offer becomes the Customer.
Full and unconditional acceptance of this public offer is the fact that the Customer pays for the services provided by the Contractor in accordance with the terms of the Agreement by clicking on the Pay or Order a Plan buttons, and / or the fact of receiving an example plan by clicking on the Get a sample now button, on any page of the Contractor's website, where such buttons are present, at https://smarteat.app/ (hereinafter referred to as the "Contractor's Site").
A public contract concluded in the manner described above is considered to be concluded in a simple written form, does not require paperwork and has full legal force.
From the moment of acceptance, the Customer is considered to have read and agreed with this public offer, and is considered to have entered into a contractual relationship with the Contractor in accordance with the terms of the Agreement.
The Contractor reserves the right, under certain conditions, to change the terms of the Agreement (in terms of price, terms of services, the form of providing a meal plan, etc.) unilaterally without acceptance, while ensuring the publication of the amended conditions on the Contractor's website.
For the purposes of the Agreement, the Parties have agreed to use the following terms and
2.1 Client – a person whose data is entered in the Online Questionnaire. This may be the Customer himself or the Customer's client (for example, a trainer's client, a fitness club client, a nutritionist/nutritionist's client, a blogger's client, etc.), or a third party.
2.2 Online Questionnaire - a questionnaire in which the Client's data is filled in:
- height, weight, age, etc.
- taste preferences: what the client eats / does not eat, etc.
- cooking preferences: how often he wants to cook, etc.
2.3 Meal Plan – an individual 28-day meal plan based on the Client's answers in the Online Questionnaire. The meal plan also comes with a shopping list and instructions.
2.4. Web service - own developed software for collecting data, automatically creating and sending meal plans to e-mail or instant messengers.
3.1. The subject of the Agreement is the paid provision by the Contractor of information and consulting services for the preparation of an individual nutrition plan for the Customer in order to normalize the weight and diet or for other purposes of the client (hereinafter referred to as the "Services").
The contractor is obliged:
4.1. Properly provide the Services under this Agreement.
4.2. Proceed to the provision of the Services immediately after the full cost of the Services is credited to the Contractor's account. The date of commencement of the provision of the Services may be postponed for an appropriate period if the impossibility of the provision of the Services is due to non-fulfillment/improper fulfillment by the Customer of its obligations under the Agreement or for technical reasons.
4.3. Provide the Customer, if necessary, with clarifications on the implementation of the nutrition plan by e-mail, telephone, instant messengers.
4.4. Services are considered to be rendered properly and accepted by the Customer, if within 5 (five) days after the receipt of the meal plan by the Customer, the Contractor has not received written reasoned claims from the Customer. After the expiration of the period specified above, the Customer's claims regarding the shortcomings of the Services, including in terms of quantity (volume), cost and quality, are not accepted.
The performer has the right:
4.5. Require the Customer to provide complete information (within the framework and purposes of this agreement) for the proper completion of the Online Questionnaire.
4.6. Refuse to provide the Services by sending the appropriate notice to the Customer if the analysis of the physical condition (taste preferences, allergies, etc.) of the Customer reveals medical contraindications to the use of the Contractor's nutrition plan. In this case, the Contractor undertakes to make a refund, if the meal plan was not formed, in the amount of the cost of the Services paid by the Customer within 30 (thirty) days from the date of notification of the Customer about the refusal to provide the Services.
4.7. Refuse to provide services to the Customer if, for technical reasons, he cannot draw up a nutrition plan due to medical contraindications or other nutritional features of the client.
4.8. Refuse to provide services or return funds to the Customer, if the Customer studied the information about the product in bad faith, entered incorrect data in the Online Questionnaire, did not ask clarifying questions before paying for the plan.
The customer is obliged:
5.1. Provide the Contractor with reliable information and data necessary for the provision of the Services by completing the Online Questionnaire.
5.2. The Customer himself or his client, or the person for whom he pays for the plan, before paying for the nutrition plan, must consult with the attending physician or other specialist, receive nutritional recommendations and reflect them in the Online Questionnaire. If the recommendations cannot be reflected in full, the Customer must, before paying for the meal plan, consult with the Contractor about the possibility of drawing up a meal plan.
5.2.1. After receiving the plan, also consult with your doctor or other specialist in order to give permission to follow this nutrition plan.
5.3. Do not reproduce, copy, distribute, except for the Online Questionnaire, and do not use in any other way for any purpose the content of the site (https://smarteat.app/), pages in the social. networks of the Customer (including: https://www.instagram.com/smarteat_us/), except for personal use or with the written consent of the Customer.
5.4. The Customer guarantees that he will not distribute by any possible means (including, but not limited to: sites on the Internet, all social networks without exception, including the Customer's personal page) any negative information regarding the Contractor, methods and ways of providing Services, etc. The specified information includes, but is not limited to: any negative opinions, judgments, conjectures, facts not confirmed by official sources, slander, insults regarding the subject indicated in this paragraph. This condition is an essential condition of the Agreement.
5.5. Fully comply with the nutrition plans received from the Contractor.
5.6. Carefully study the information on the Site and correctly enter the information in the Online Questionnaire. If the Customer has doubts about the compliance of the meal plan with his expectations, he can get a sample meal plan for 1 day free of charge and ask questions of interest to the Customer.
The customer has the right:
5.7. Require the Contractor to properly provide the Services.
5.8. Refuse unilaterally from the provision of the Services by sending a corresponding notice to the Contractor at the email address: [email protected], indicating the objective reasons for the refusal. In the event of such a refusal, the Agreement will be considered terminated from the day following the day of receipt of such notification by the Contractor.
5.8.1. The Contractor determines the objectivity of the indicated reasons according to its internal criteria.
5.9. In case of unilateral refusal of the Customer from the Services of the Contractor and recognition by the Contractor of the persuasiveness of the reasons given by the Customer, the Contractor undertakes to refund the cost of the Services within 30 (thirty) days after the Contractor receives a written notice from the Customer.
6.1. The cost of the Services is calculated based on the individual conditions provided to the Customer.
6.2 The cost of providing the Services may vary depending on the number of ordered plans and additional discounts on promotions, etc.;
6.3 Regardless of the period for the provision of Services chosen by the Customer, the Contractor guarantees the provision of the entire range of Services in accordance with clause 3.2 of the Agreement.
6.4. Services are provided subject to 100% prepayment by the Customer. Payment for the Services is made at the conclusion of the Agreement on the Contractor's Website. Payment is made through the Payment processing platform for the Internet Stripe (http://stripe.com/). If payment is not made, the Agreement is not considered concluded and has no legal force.
6.5 The cost of the Services and the price of the Agreement are specified in Appendix No. 1 to this agreement and are an integral part of it.
7.1. The Contractor does not provide medical services. The Contractor does not conduct an examination, prescribe tests, collect information about the health of the Customer or the Customer's Client. The Customer or the Customer's Customer is personally responsible for their health and undertakes to follow the procedure of clause 5.2.
7.2 The Customer is fully aware that there are cases of hidden health problems that the Customer may not be aware of. The Customer is aware that the services under this Agreement are intended for people who did not have any contraindications during the preliminary medical examination.
7.3. The Contractor shall not be liable for the failure of the Customer to achieve the expected results or for the discrepancy between the result obtained and the Customer's expectations, due to the fact that this agreement does not provide for control over the execution of the nutrition plan by the Contractor.
7.4. In case of violation by the Customer of clauses 5.3 and 5.4 of the Agreement, at the request of the Contractor, the Customer shall pay a fine in the amount of 100,000 (one hundred thousand) rubles for each case of violation. After the occurrence of this event, this Agreement is considered terminated and is not subject to compensation to the customer.
7.5. The Contractor's liability is limited to the cost of providing the Services in accordance with this Agreement.
7.6. In case of withdrawal of the public offer by the Contractor, the Contractor undertakes to refund the cost of the Services within 30 (thirty) banking days from the date of withdrawal of the public offer.
8.1. By providing the information necessary for the provision of the Services, the Customer provides the Contractor with his personal data. The Customer hereby expresses his consent to the processing of personal data transferred by him in accordance with the law of the State of Delaware.
8.2. When processing the Customer's personal data, the Contractor undertakes to take all measures provided for by the current US legislation to protect them from unauthorized access.
8.3. The Customer is fully aware that under certain circumstances, with his consent, the Customer's personal data may become available to third parties (for example, posting the results achieved by the Customer on the website, etc.).
9.1. Exclusive rights to the Site Content (https://smarteat.app/) and pages in the social. networks (https://www.instagram.com/smarteat_us/) belong to the Contractor and/or its counterparties.
9.2. Use of the Website Content by the Customer only for personal, non-commercial purposes.
10.1. Collection of data about the Client based on the answers of the Online Questionnaire.
10.2. Create a meal plan using the Web Service and email the plan to the Customer within 7 days of passing the test.
10.3. The Contractor does not provide educational services of an official educational institution and does not issue any certificates and licenses. The Contractor is not engaged in medical or any other medical practice. The Contractor does not provide the services of a gym or aerobic room, does not provide the services of a personal trainer. The Contractor does not provide dietary support services.
10.4. The Customer is fully aware that the result of the provision of the Services depends entirely on how conscientiously he will adhere to the diet plan prescribed for him. The Customer is fully aware that the Contractor under no circumstances can and shall not be liable for the results of the Customer.
10.5. The Customer is fully aware that the result of the provision of the Services by the Contractor is the creation of an individual nutrition plan: the distribution of macronutrients (proteins, fats, carbohydrates) for the products indicated in the Online Questionnaire.
10.6. In the event that the Customer violates the meal plan offered by the Contractor, including violating the meal schedule, the amount of food per meal, or eating food not specified in the plan, the Services are still considered provided by the Contractor, and the money paid is not refundable to the Customer.
10.7. All notifications and letters under this Agreement shall be sent by e-mail to the Customer's address specified in accordance with clause 5.1 of this Agreement and the Contractor's address [email protected].
11.1. The Agreement is a complete agreement between the Contractor and the Customer. And does not provide for any conditions and obligations in relation to the subject of the Agreement, except for those specified in it.
11.2. In the event of disputes and disagreements, the Parties undertake to make every effort to resolve disputes through negotiations or in a claim procedure. The term for consideration of the claim is 10 (ten) days from the date of its receipt.
11.3. If it is impossible to resolve disputes and disagreements through negotiations or in a claim procedure, the Parties have the right to refer the dispute for consideration to a court of general jurisdiction or an arbitration court at the location of the Contractor.
11.4. The Agreement comes into force from the moment of acceptance by the Customer of this public offer and is valid until the Parties fully fulfill their obligations.
Email: [email protected]
The standard cost of services under this contract is:
1. The cost of a monthly meal plan is $19 (nineteen) US dollars - for trainers, nutritionists, bloggers, people who make nutrition plans for their clients and work in the field of sports, health care, beauty;
2. The cost of the monthly meal plan is $49 (forty-nine) US dollars - for the end consumer.
Email: [email protected]