Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the smarteat.app website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and SmartEat Inc. (“SmartEat Inc.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and SmartEat Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against SmartEat Inc. with respect to such other services. SmartEat Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting SmartEat Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Terms and definitions

For the purposes of the Agreement, you and us have agreed to use the following terms and definitions:
Client – a person whose data is entered in the Online Questionnaire. This may be the you yourself or your 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.
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.

Meal Plan – an individual 28-day ot 1-week or 1-day meal plan based on the Client's answers in the Online Questionnaire. The meal plan also comes with a shopping list and instructions.
Web service - own developed software for collecting data, automatically creating and sending meal plans to e-mail or instant messengers.

Subject of the Agreement

The subject of the Agreement is the paid provision by us of information services for the preparation of an individual nutrition plan for you in order to normalize the weight and diet or for other purposes of the client (hereinafter referred to as the "Services").

Rights and obligations of SmartEat Inc.

We are obliged:
Properly provide the Services under this Agreement.
Proceed to the provision of the Services immediately after the full cost of the Services is credited to your 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 User of its obligations under the Agreement or for technical reasons.
Provide the User, if necessary, with clarifications on the implementation of the nutrition plan by e-mail, telephone, instant messengers.
Services are considered to be rendered properly and accepted by the User, if within 5 (five) days after the receipt of the meal plan by the User, we have not received written reasoned claims from the User.
After the expiration of the period specified above, the User's claims regarding the shortcomings of the Services, including in terms of quantity (volume), cost and quality, are not accepted.
We have the right:
Require the User to provide complete information (within the framework and purposes of this agreement) for the proper completion of the Online Questionnaire.
Refuse to provide the Services by sending the appropriate notice to the User if the analysis of the physical condition (taste preferences, allergies, etc.) of the User reveals medical contraindications to the use of our 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 User within 30 (thirty) days from the date of notification of the User about the refusal to provide the Services.
Refuse to provide services to the User if, for technical reasons, he cannot draw up a nutrition plan due to medical contraindications or other nutritional features of the client.
Refuse to provide services or return funds to the User, if the User 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.

Rights and obligations of the User

The User is obliged:
Provide us with reliable information and data necessary for the provision of the Services by completing the Online Questionnaire.
The User 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 User must, before paying for the meal plan, consult with us about the possibility of drawing up a meal plan.
After receiving the plan, also consult with your doctor or other specialist in order to give permission to follow this nutrition plan.
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 User (including: https://www.instagram.com/smarteat_us/), except for personal use or with the written consent of SmartEat Inc..
The User 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 User's personal page) any negative information regarding SmartEat Inc., 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.
Fully comply with the nutrition plans received from SmartEat Inc..
Carefully study the information on the Site and correctly enter the information in the Online Questionnaire. If the User 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 User.
The User has the right:
Require SmartEat Inc. to properly provide the Services.
Refuse unilaterally from the provision of the Services by sending a corresponding notice to our email address: support@smarteat.app, 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 SmartEat Inc..
We determine the objectivity of the indicated reasons according to our internal criteria.
In case of unilateral refusal of the User from our Services and our recognition of the persuasiveness of the reasons given by the User, SmartEat Inc. undertakes to refund the cost of the Services within 30 (thirty) days after we receive a written notice from the User.

Warranties and liability

SmartEat Inc. does not provide medical services. SmartEat Inc. does not conduct an examination, prescribe tests, collect information about the health of the User or the User's Client. The User or the User's Customer is personally responsible for their health.
The User is fully aware that there are cases of hidden health problems that the User may not be aware of. The User is aware that the services under this Agreement are intended for people who did not have any contraindications during the preliminary medical examination.
SmartEat Inc. shall not be liable for the failure of the User to achieve the expected results or for the discrepancy between the result obtained and the User's expectations, due to the fact that this agreement does not provide for control over the execution of the nutrition plan by the User.
SmartEat Inc. liability is limited to the cost of providing the Services in accordance with this Agreement.

Other terms

SmartEat Inc. does not provide educational services of an official educational institution and does not issue any certificates and licenses. SmartEat Inc. is not engaged in medical or any other medical practice. SmartEat Inc. does not provide the services of a gym or aerobic room, does not provide the services of a personal trainer. SmartEat Inc. does not provide dietary support services.
The User 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 User is fully aware that SmartEat Inc. under no circumstances can and shall not be liable for the results of the User.
The User is fully aware that the result of the provision of the Services by SmartEat Inc. is the creation of an individual nutrition plan: the distribution of macronutrients (proteins, fats, carbohydrates) for the products indicated in the Online Questionnaire.
In the event that the User violates the meal plan offered by SmartEat Inc., 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 SmartEat Inc., and the money paid is not refundable to the User.
All notifications and letters under this Agreement shall be sent by e-mail to the User's address specified in Online Questionnaire and the our address support@smarteat.app.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by SmartEat Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with SmartEat Inc. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of SmartEat Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of SmartEat Inc. or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will SmartEat Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of SmartEat Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to SmartEat Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold SmartEat Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

support@smarteat.app

This document was last updated on October 16, 2022

Privacy policy

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the smarteat.app website (“Website” or “Service”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.

This Policy is a legally binding agreement between you (“User”, “you” or “your”) and SmartEat Inc. (“SmartEat Inc.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Automatic collection of information

When you open the Website, our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type, and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.

Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.

Collection of personal information

You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).

We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill any forms on the Website. When required, this information may include the following:

• Account details (such as user name, unique user ID, password, etc)
• Contact information (such as email address, phone number, etc)
• Basic personal information (such as name, country of residence, etc)
• Sensitive personal information (such as ethnicity, religious beliefs, mental health, etc)
• Payment information (such as credit card details, bank details, etc)
• Information about other individuals (such as your family members, friends, etc)
• Any other materials you willingly submit to us (such as articles, images, feedback, etc)

Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as social media platforms, public databases, third-party data providers, and our joint partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links.

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

Use and processing of collected information

We act as a data controller and a data processor in terms of the GDPR when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Website and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with data controllers’ obligations set forth in the GDPR.

We act in the capacity of a data processor in situations when you submit Personal Information through the Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller in terms of the GDPR.

In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:

• Create and manage user accounts
• Fulfill and manage orders
• Deliver products or services
• Improve products and services
• Send administrative information
• Send marketing and promotional communications
• Send product and service updates
• Respond to inquiries and offer support
• Request user feedback
• Improve user experience
• Post customer testimonials
• Deliver targeted advertising
• Administer prize draws and competitions
• Enforce terms and conditions and policies
• Protect from abuse and malicious users
• Respond to legal requests and prevent harm
• Run and operate the Website and Services

Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Website and Services.

We rely on user’s consent as a legal base as defined in the GDPR upon which we collect and process your Personal Information.

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Payment processing

In case of Services requiring payment, you may need to provide your credit card details or other payment account information, which will be used solely for processing payments. We use third-party payment processors (“Payment Processors”) to assist us in processing your payment information securely.

Payment Processors adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with strict vulnerability standards in order to create as secure of an environment as possible for Users. We will share payment data with the Payment Processors only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds.

Please note that the Payment Processors may collect some Personal Information from you, which allows them to process your payments (e.g., your email address, address, credit card details, and bank account number) and handle all the steps in the payment process through their systems, including data collection and data processing. The Payment Processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

Managing information

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below.

Disclosure of information

Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our trusted subsidiaries and joint venture partners, affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any information with unaffiliated third parties.

Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes. We will share and disclose your information only with the following categories of Service Providers:

• Advertising networks
• Affiliate programs
• Cloud computing services
• Communication and collaboration services
• Data analytics services
• Data storage services
• Financial services
• Government agencies
• Order fulfillment services
• Payment processors
• Performance monitoring services
• Product engineering and design services
• Sales and marketing services
• Social networks
• User authentication services
• Website hosting service providers

We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred.

Retention of information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, as long as your user account remains active, until the purchase order or Services are fulfilled, until our and our affiliates and partners obligations are fulfilled, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of information

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own, including USA. The transfer of your Personal Information to countries outside the European Union will be made only if you have explicitly consented to it or in the cases provided for by the GDPR and will be processed in your interest.

You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.

Data protection rights under the GDPR

If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.

(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.

(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this Policy.

(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.

(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.

(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.

(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

California privacy rights

Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.

In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.

Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

How to exercise your rights

Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Data analytics

Our Website and Services may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our Website and Services, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Website and Services.

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information. For a description of Do Not Track protocols for browsers and mobile devices or to learn more about the choices available to you, visit internetcookies.com

Advertisements

We may permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about User activities on the Website. These companies may deliver ads that might place cookies and otherwise track User behavior.

Social media features

Our Website and Services may include social media features, such as the Facebook and Twitter buttons, Share This buttons, etc (collectively, “Social Media Features”). These Social Media Features may collect your IP address, what page you are visiting on our Website and Services, and may set a cookie to enable Social Media Features to function properly. Social Media Features are hosted either by their respective providers or directly on our Website and Services. Your interactions with these Social Media Features are governed by the privacy policy of their respective providers.

Email marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender.

Links to other resources

The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

Data breach

In the event we become aware that the security of the Website and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email.

Changes and amendments

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions regarding the information we may hold about you or if you wish to exercise your rights, you may use the following data subject request form to submit your request:

Submit a data access request

If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:

support@smarteat.app

This document was last updated on October 16, 2022

Terms of Service
State of Delaware
19.09.2022

Terms of Service № 1

1. General Provisions

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.

2. Terms and definitions

For the purposes of the Agreement, the Parties have agreed to use the following terms and definitions:
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. Subject of the Agreement

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").

4. Rights and obligations of the Contractor

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.

5. Rights and obligations of the Customer

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: support@smarteat.app, 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. Financial conditions

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. Warranties and liability

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. Processing of personal data of the Customer

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. Rights to the results of intellectual activity

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. Other terms

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 support@smarteat.app.

11. Final provisions

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.

12. Details of the Contractor

Smarteat Inc.
Email: support@smarteat.app
Website: https://smarteat.app/

Attachment 1

to Terms of Service № 1 from 19.09.2022

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.

Details of the Contractor

Smarteat Inc.
Email: support@smarteat.app
Website: https://smarteat.app/