Terms of Use

1. Description of Service

FitVis Nutrition is a diet, calorie, and nutrient tracking app that lets users log meals manually, by searching a food database, or via photo recognition and nutrition-label scanning. The food database is partly filled in with estimates and user-submitted proposals and may not always be fully accurate.

2. Account Registration

Full use of the App requires creating a user account. You agree to provide accurate information and to keep your login credentials secure. You are solely responsible for all activity on your account. You must be at least 16 years old to use the App.

3. Subscriptions and Billing

The App offers an optional paid subscription (Premium) with additional features. The price and the billing period (one month) are always shown before purchase. The subscription renews automatically for the same period and price until you cancel it; any free trial and its length are shown before purchase and the first payment is taken only when the trial ends. (a) Purchases in the mobile app are processed by the App Store (Apple) or Google Play, which is the seller and whose terms apply; cancel in your App Store / Google Play account at least 24 hours before the end of the current period, and refunds are handled by Apple or Google under their rules. (b) Purchases on the web (app.fitvis.app): we are the seller and Stripe processes the payment. The contract is concluded when the payment completes; we e-mail you a confirmation including these Terms. You can cancel at any time under Settings → Premium → Manage subscription; access lasts until the end of the paid period. Prices are final; we are not a VAT payer. For purchases via the App Store / Google Play, VAT is charged by Apple or Google. A failed renewal payment ends the subscription.

4. Right of withdrawal

If you are a consumer and concluded the contract on the web (app.fitvis.app), you may withdraw from it without giving a reason within 14 days of its conclusion. The period runs from the conclusion of the contract – so also when you used a free trial, not from the first charge. You can withdraw with the Settings → Premium → Withdraw from contract button, by e-mailing [email protected] or with the model withdrawal form (link below); it is enough to send the withdrawal on the last day of the period. Within 14 days of your withdrawal we refund the full amount you paid, by the same payment method you used. Having agreed at purchase that the service starts before the period ends does not take this right away – we always refund the full amount. For App Store / Google Play purchases, refunds follow Apple's or Google's rules.

Model withdrawal form

5. Health Disclaimer

The App provides general nutrition information only and does not replace professional medical, dietary, or health advice. Nutrition values, recommendations, and health metrics shown in the App are indicative. Consult a doctor or registered dietitian before making any changes to your diet or health regimen, especially if you have a medical condition. Do not use the App as the sole basis for diagnosis or treatment.

6. User Content, Food Proposals and Photos

We allow users to propose new foods, their nutrition values and product photos to a shared database. By submitting a proposal you confirm the data is accurate to the best of your knowledge and that you took the attached photo or hold the necessary rights to it. The photo must not show people or personal data. By submitting a photo you grant us a free, non-exclusive licence, unlimited in time and territory, to use it in any way connected with operating and developing the FitVis database, including the right to edit, publish and sublicense it; your own rights to the photo are unaffected. The photo remains part of the database after your account is deleted; we store it without camera metadata and without any link to your account. We reserve the right to reject, edit or remove a proposal, including automatically, if it does not reflect real values. Scan photos you choose to keep for improving recognition (a setting in the app) are licensed to us non-exclusively and free of charge for verifying and improving recognition and filling gaps in the food database; we do not publish them and the licence ends when they are deleted after you withdraw.

7. Prohibited Conduct

You agree not to use the App for unlawful purposes, interfere with its operation or security, circumvent limits (e.g. food-proposal limits), or knowingly submit false or nonsensical data. Repeated violations may result in restriction or suspension of your account.

8. Intellectual Property

The App, its design, source code, trademarks, and food database, including photos attached to food proposals, are owned by us or our licensors and are protected by copyright. As the maker of the food database we also hold the sui generis database right in it. You may not copy, modify, or redistribute them without our consent.

9. Termination

You may delete your account at any time from within the App's settings. We reserve the right to suspend or terminate access for any account that violates these Terms.

10. Liability for defects and limitation of liability

We are liable for defects of the digital content under § 2389g et seq. of the Czech Civil Code. Report a defect to [email protected]; we handle the claim within 30 days of receiving it. For the term of your subscription we will keep the App updated so that it stays in conformity with the contract (§ 2389f of the Civil Code); updates are announced in the App Store and Google Play. We are not liable for damage caused by inaccurate nutrition data or by decisions you make based on the App's calculations, unless we caused it intentionally or by gross negligence. Liability for injury to health and for damage caused intentionally is never limited.

11. Changes to These Terms

We may reasonably change these Terms, in particular because of changes in law, in the App's features or in payment terms. We will notify you in the App or by e-mail at least 14 days before a change takes effect. If you do not agree, you may terminate the contract before the effective date by deleting your account or, for a subscription, by cancelling its renewal; the price and scope of an already paid period never change retroactively. Continued use after the effective date constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the Czech Republic. If you are a consumer habitually resident in another country, this choice does not deprive you of the protection of the mandatory consumer rules of that country (Art. 6 of the Rome I Regulation), and you may also use an out-of-court dispute resolution body in your country.

13. Dispute resolution and supervision

We will first try to settle any dispute amicably – write to [email protected]. If you are a consumer, you have the right to out-of-court resolution of consumer disputes; the competent body is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Praha 2, Czech Republic, www.coi.cz (filing via adr.coi.cz). Consumers in other EU countries may also contact their national ADR body. Data protection is supervised by the Czech Office for Personal Data Protection, www.uoou.gov.cz. Your right to go to court is unaffected.

14. Liability for health information and third-party content

The nutrition database is built from public and licensed sources and from user proposals; some values are estimated, including estimates produced with artificial intelligence, and are marked as such. The App is not a medical device (see Section 5). Experts you invite into the App provide their services in their own name and on their own responsibility; we are not a party to your relationship with them.

15. App Store provisions

If you use the App on an Apple device, you acknowledge that these Terms are concluded between you and us only, not with Apple. Apple has no obligation to provide any maintenance, support or warranty for the App; we are responsible for the App, its content and for addressing any claims (including product liability, consumer protection and third-party intellectual property claims). Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

16. Reporting content, moderation and point of contact (DSA)

For content submitted by users (food proposals, photos, recipes) we are a provider of a hosting service under Regulation (EU) 2022/2065 (Digital Services Act). The single point of contact for users and for Member State authorities is [email protected]; we communicate in Czech, Slovak and English. You can report content you consider illegal or contrary to these Terms in the App (the “Report” button on a food) or by e-mail; state which content it is (food name or link), why you consider it illegal, your name and e-mail, and a statement that the notice is made in good faith. We confirm receipt, assess the notice without undue delay, diligently and impartially, and inform you of the decision. Food proposals pass an automated check and a review by an administrator before publication; we may reject, edit or remove content that is inaccurate, infringes third-party rights, shows people or personal data, or otherwise breaches these Terms. If your content is rejected or removed, we inform you by e-mail with the reasons; you may lodge a complaint within six months by replying to that e-mail, use a certified out-of-court dispute settlement body, or go to court. Automated means are used only to pre-check nutrition values and to detect obviously unsuitable photos; the final decision to remove content is taken by a person.