GENERAL TERMS AND CONDITIONS of the DIETARIUS Application

(version 1.1 – final wording, July 2026 | English translation)

This English version is a translation provided for the User’s convenience. In the event of any discrepancy between the Slovak and English versions, the Slovak version shall prevail.

1. INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions of the Dietarius application (the “Terms”) of Equitya s. r. o., with its registered office at Silvánová 33, 902 01 Pezinok, Slovak Republic, Company ID (IČO): 50 337 963, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 116366/B, e-mail: contact_us@dietarius.eu, tel.: +421 (0)948 478 509 (the “Operator”), govern the rules of access to and use of the Dietarius application, which is available for download to compatible electronic devices via the App Store https://apps.apple.com or Google Play https://play.google.com/store/apps (the “Application”), as well as the mutual rights and obligations of the Operator and the user of the Application (the “User”) in connection with the Application and its use.

1.2. The Application may be used together with the Dietarius personal scale, model D1120, available in the Operator’s online store at www.dietarius.eu (the “Product”). Where the Application is used for the purposes of providing the declared functions of the Product, the General Terms and Conditions of the Operator’s online store shall apply to it, and these Terms shall apply mutatis mutandis. The Application may also be used for special functions and, in particular, for premium content, as described below in these Terms.

1.3. Nature of the Application. This Application is not a medical device. Neither this Application nor any of its functions serves to determine a diagnosis, or to monitor, treat or alleviate an injury or disability, to examine the human body, or for any other similar purpose. Any data, values or statements presented in, or evaluated by, the Application are purely indicative and do not constitute medical or similar advice. In case of any uncertainty, condition or question regarding your health, bodily, medical or nutritional values, we recommend consulting a physician.

1.4. Use of Artificial Intelligence. Certain functions of the Application (in particular the Menu function, recipe suggestions, personalised recommendations and analytical functions) are provided or supported by artificial intelligence (AI) systems, including the Operator’s own AI models or external AI services. Where the User interacts with an AI system in the Application or is presented with AI-generated content, the User is notified of this fact unless it is obvious from the circumstances. AI outputs are of an indicative nature within the meaning of Article 1.3 of these Terms. Further information on the processing of personal data in connection with the use of AI is set out in the Dietarius Application Privacy Policy.

2. PREREQUISITES FOR USING THE APPLICATION, REGISTRATION AND LOGIN

2.1. Prerequisites. In order to use the Application, the User must have a smart electronic device, such as a mobile phone or tablet, capable of connecting to the internet and of connecting to other devices via Bluetooth and Wi-Fi. The User is obliged to secure, at the User’s own cost, such a device, internet access and access to an electronic communications network for the purposes of using the Application. The Operator is not obliged to secure the prerequisites under this Article 2.1 for the User and is not liable for their absence, outage or malfunction.

2.2. The Application can be obtained by downloading it from application stores such as Google Play and the App Store to a smart electronic device. The Application and its download are free of charge. The Application may, however, contain services that are subject to payment.

2.3. Registration. Registration is required to use the Application. During the registration process, the User may choose from the available language versions of the Application.

2.4. The minimum age for registration is 16 years. If the Operator discovers that a User has not reached this age, the Operator is entitled to cancel the User’s personal account.

2.5. Registration is carried out by tapping the “Register” or “Create new account” button available after launching the Application. Registration consists of choosing and entering the data with which the User will subsequently log in to the Application, namely: (i) username/nickname, (ii) e-mail address and (iii) password. The username must not contain vulgarisms, expressions of hatred, discrimination, racism or extremism, advertising slogans, personal data of other persons or other expressions contrary to legal regulations.

2.6. After completing the required data, the User taps the “Register” button or a similarly labelled button below the form. The User is then invited to review these Terms and the Privacy Policy, and confirms such review by ticking the relevant box (e.g. “I agree” or “I confirm that I have read”). In order to use the Application, the User must accept these Terms and review the Dietarius Application Privacy Policy. Upon registration, a contract for the provision of the Application, concluded at a distance via the online interface of the Application, is formed between the Operator and the User.

2.7. After completing the registration form and accepting these Terms, a verification e-mail with an activation link will be sent to the e-mail address provided during registration. To complete the registration, the User must verify the e-mail address by clicking the activation link. Registration is completed at the moment of successful verification of the e-mail address. The e-mail with the activation link will also include these Terms, the instruction on the right of withdrawal including the model withdrawal form, and the Privacy Policy. It is recommended that the User saves the Terms and the other documents provided (in PDF) on the User’s device so that they are available at all times.

2.8. Personal Account. Based on the data confirmed upon registration, the User’s personal account in the Application is created automatically. The User subsequently logs in to the Application using the e-mail address and password provided during registration.

2.9. Functions. After registration and login, the following basic functions are available to the User, which the Operator provides as its digital service within the meaning of Article 2.11 of these Terms; the provision of the functions also includes data processing on the Operator’s server infrastructure, and some functions therefore require an internet connection (Article 2.1):

(a)
Goals overview;
(b)
Health data. This section does not include a premium analysis of health data. Health data do not constitute and do not replace medical diagnostics; they are purely indicative;
(c)
Body scan. This function can be used only if the smart device on which the Application is installed is paired with the Product via Bluetooth and Wi-Fi, subject to current availability as per the Product manual. The body scan function is based on statistics and estimates and does not constitute medical diagnostics. For reliable medical diagnostics, please consult your physician;
(d)
Menu. The information provided within the Menu function, including suggested recipes, is created on the basis of general information about diets and nutrition, and AI systems may be used in its preparation (Article 1.4). This function does not provide individualised nutrition or health advice and does not take into account specific dietary or health restrictions. For comprehensive nutrition information, please consult a professional; and
(e)
Profile, containing basic information about the User;
(f)
Other functions listed directly in the Application.

2.10. In addition, these Terms and the Dietarius Application Privacy Policy are available to you directly in the Application.

2.11. Subject Matter and Duration of the Contract for the Provision of the Application. Upon registration, a contract for the provision of the Application as digital performance (a digital service) provided on a continuous basis is formed between the Operator and the User for an indefinite period. The provision of the Application and its basic functions under Article 2.9 is free of charge; the special provisions of the Slovak Civil Code on consumer contracts for the supply of digital performance (Section 852a et seq.) and the rules on distance contracts apply to the contract, because instead of paying a price the User provides the Operator with personal data which the Operator also processes for purposes other than exclusively the provision of the Application or compliance with legal obligations (to the extent and under the conditions set out in the Dietarius Application Privacy Policy). Registration does not create any payment obligation for the User or any commitment to purchase Premium Content; the contract for the provision of Premium Content is a separate contract formed exclusively by the voluntary purchase of Premium Content in accordance with Article 3 of these Terms. The contract for the provision of the Application continues until terminated in one of the ways set out in Article 6 of these Terms.

3. PAID PREMIUM CONTENT

3.1. The Operator may also provide Users with premium content beyond the functions listed in Article 2.9 of these Terms for a fee specified in the relevant section of the Application (“Premium Content”). Premium Content is made available to the User upon payment of the subscription fee for the specific subscription period.

3.2. Premium Content is available directly through the Application; for the purposes of its provision, the Operator concludes with the User a separate contract for the provision of Premium Content, which is governed by these Terms, in particular this Article 3 and Articles 5 and 6. The subscription fee is paid exclusively through the payment systems of the App Store (Apple) or Google Play (Google) application stores, in accordance with the payment terms of the relevant application store; the Operator has no access to the User’s payment card data.

3.3. The Operator has sole discretion to decide which parts of the Application are included in Premium Content and to what extent access to them is restricted for non-subscribing Users. The Operator’s decisions will never result in a reduction of Premium Content for Users who have duly purchased Premium Content in the Application.

3.4. Premium Content Variants. Premium Content is provided as: (a) a subscription – a digital service provided on a continuous basis during the selected subscription period, under which the User is granted access, for the duration of the subscription, to the premium functions and content of the Application (for example recipes and their instructions or PDF reports); access to this content is tied to the duration of the subscription; or (b) one-off digital content – where the Operator offers in the Application content supplied on a one-off basis for a separate fee, provided in the form of a licence under the conditions set out in Article 3.9 of these Terms; Article 6.7 of these Terms applies to such content. Subscriptions are offered for a period of one (1) month or twelve (12) months; the Operator may also offer other subscription variants or periods in the Application, the parameters of which are always displayed in the Application before the order is placed. In the free version of the Application, the Operator may make a limited range of premium functions or content available free of charge; the Operator determines this range and is entitled to change it, without prejudice to the rights of Users with duly purchased Premium Content under Article 3.3. The price of Premium Content including all taxes and, for subscriptions, the subscription period are displayed to the User in the Application before the order is placed.

3.5. Formation of the Contract for the Provision of Premium Content. The User selects the Premium Content variant in the Application and completes the purchase through the purchase process of the relevant application store (Apple App Store or Google Play), in which, before confirming the purchase, the User is informed of the total price including taxes and of the subscription period, and confirms the purchase by a function unambiguously indicating an obligation to pay. For purchases via the App Store, Apple (Apple Distribution International Ltd.) acts as the seller of the Premium Content and the purchase contract is governed by its terms (Apple Media Services); these Terms govern the use of the Premium Content in the Application. For purchases via Google Play, the User concludes the contract with the Operator, with Google acting as the Operator’s agent in the sale and payment processing. The purchase confirmation containing the particulars required by law is sent to the User by the relevant application store on a durable medium (by e-mail); the Operator keeps records of the transaction data made available to it by the application store. Before purchasing Premium Content, the User is provided, directly in the Application, with information on the main characteristics and scope of the Premium Content, the identity and contact details of the Operator, the licence conditions for one-off content (Article 3.9), the immediate commencement of provision (Article 3.7), the right of withdrawal (Article 6) and these Terms; information on the total price including taxes, the payment method, the subscription period and automatic renewal is provided by the purchase process of the relevant application store.

3.6. Automatic Subscription Renewal. The subscription automatically renews for a further period of the same length at the price applicable at the time of renewal, unless the User cancels the subscription no later than twenty-four (24) hours before the end of the current period in the settings of the User’s account in the relevant application store (App Store/Google Play). The User is notified of the automatic renewal and the manner of its cancellation before placing the order; the relevant application store also informs the User of the upcoming renewal in accordance with its own rules. The User will be informed in advance of any change to the subscription price through the procedure of the relevant application store; a price change applies at the earliest from the following subscription period, and if the User does not agree with the change, the User may cancel the subscription before the start of the following period.

3.7. Commencement of the Provision of Premium Content. Premium Content is made available to the User immediately after the purchase is successfully completed, i.e. before the expiry of the 14-day withdrawal period. The express request for the provision to commence before the expiry of the withdrawal period, or the express consent to the supply of digital content, together with the declaration acknowledging the effect on the right of withdrawal, is given by the User within the purchase process of the relevant application store, which displays this information before the purchase is confirmed and confirms its content in the purchase confirmation. The consequences for the User’s right of withdrawal are governed by Articles 6.7 and 6.8 of these Terms.

3.8. Liability for Defects of Premium Content. The Operator is liable for defects of Premium Content as digital performance in accordance with Article 5 of these Terms. Premium Content, its analyses and recommendations are of an indicative nature within the meaning of Articles 1.3 and 1.4 of these Terms.

3.9. Licence to One-off Digital Content and Termination of the Personal Account. One-off digital content is not sold as a file or copy; it is provided in the form of a non-exclusive, non-transferable licence to use it exclusively within the Application through the User’s personal account, for personal non-commercial purposes, for the duration of the existence of the personal account. Downloading, copying or otherwise reproducing one-off content outside the Application is not part of the licence and is not enabled by the Application; Article 4.9 of these Terms applies mutatis mutandis. The User is expressly notified, before placing an order for one-off content, that the licence is tied to the existence of the personal account. The licence and access to one-off content terminate upon termination of the personal account, as follows: (a) if the User cancels the personal account under Article 6.1, the User is expressly warned in the Application, before completing the cancellation, that the licence to the purchased one-off content will terminate; upon voluntary cancellation of the account the licence terminates and the User is not entitled to a refund; (b) the Operator will not cancel, on the grounds of inactivity under Article 6.10(c), a personal account through which the User has duly purchased one-off content; (c) if the Operator cancels the personal account due to the User’s serious breach of these Terms or of legal regulations under Article 6.10(a) or (b), the licence terminates upon cancellation of the account without compensation; in the case of a less serious breach, the Operator will first request the User to remedy the breach within a reasonable period; (d) if the Operator discontinues the provision of the Application under Article 6.11, it will refund the User the price paid for one-off content to which the User lost access as a result of the discontinuation.

4. RIGHTS AND OBLIGATIONS OF THE USER, LIMITATION OF LIABILITY, INTELLECTUAL PROPERTY RIGHTS

4.1. True and Accurate Data. The User is fully responsible for the correctness, completeness and up-to-dateness of all information and data entered by the User into the Application, in particular the data provided in the registration form and subsequently in the User’s personal account. The Operator is not liable for any harm, loss or damage caused to the User as a result of incorrectly entered, inaccurate or outdated data.

4.2. The User is responsible for all activities carried out through the User’s personal account in the Application. The User undertakes to contact the Operator without undue delay upon discovering any unauthorised use of the personal account.

4.3. The individual login credentials of each User are intended for that specific person. The login credentials are therefore non-transferable and the User is obliged to protect them against loss, destruction, disabling or damage; among other things, the User is not entitled to provide or disclose them to any other person, publish them, or allow their use (whether free of charge, for consideration, commercially or non-commercially) or misuse by a third party, and is liable for damage caused by their use or misuse by third parties to the extent permitted by law.

4.4. In the event of loss, destruction, disabling or theft of the User’s individual login credentials, or upon discovering facts indicating their use by a person other than the User, the User is obliged to inform the Operator without undue delay.

4.5. If the personal account is cancelled due to a breach of legal regulations or these Terms, the User acknowledges that a new registration and creation of a new personal account may not be permitted. In such a case, the Operator is entitled to refuse the creation of a new personal account and, if one is created, to cancel it or block the User’s access to it.

4.6. Limited Availability. The User acknowledges that the Application, its functions and the User’s personal account may not be available continuously, in particular due to necessary maintenance of the Operator’s hardware and software or of third-party hardware and software. To the extent permitted by applicable law, the Operator is not liable for any outages, failures or unavailability of the Application, its functions or the personal account or parts thereof; the Operator’s statutory liability for defects of digital performance under Article 5 of these Terms remains unaffected.

4.7. Liability for Shared Content. The Operator bears no liability whatsoever for content published, placed or uploaded to the Application by the User; the User who uploaded the content is solely responsible for it. Through the User’s posts and content uploaded to the Application, the User must not breach applicable law or these Terms, unlawfully interfere with the rights and legitimate interests of other persons, or act contrary to basic ethical and moral principles and good morals.

4.8. Updates. The Operator will provide the User who is a consumer within the meaning of applicable law with updates of the digital performance so as to ensure its security and conformity with the agreed and general requirements, for the entire period during which the digital performance is provided. When an update is provided, the Operator will notify the User, and the User is obliged to allow or actively install the relevant update; otherwise, the Operator’s liability for defects may be excluded under the conditions set out in Article 5.5(c) of these Terms.

4.9. Intellectual Property Rights. This Application, its individual functions, interface, digital elements, technical solutions, images, texts, trademarks and other objects of intellectual property belong to and are owned by the Operator, or the Operator holds authorisation to use them. The Operator hereby grants the User a licence to use the Application exclusively for the purposes set out in these Terms, i.e. for personal non-commercial use, for the duration of the service contract concluded with the User. The User undertakes to refrain from any conduct that would in any way infringe copyright or other intellectual property rights, interfere with the rights of third parties or other rights of the Operator. In particular, the User must refrain from any use of the Application, its functions and elements for commercial purposes, from interfering with the functions of the Application or its elements, especially the API interface of the Application on servers operated by the Operator and third parties, and from unauthorised copying, reproduction, decompilation, combination with other digital elements, alteration, modification and any similar activities inconsistent with the purpose for which the Operator provides the Application and its functions to the User.

4.10. Requirements for Uploading Content (Photographs) to the Application by the User. Where the Operator enables the uploading of content (in particular photographs, images or other content) by the User within the Application, the following applies:

(a)
it is neither the purpose of the Application’s functions nor the Operator’s interest to record or capture the User’s personal expressions, in particular the User’s likeness;
(b)
if the User nevertheless uploads content containing the User’s personal expressions (in particular the User’s likeness), the Operator will use such content exclusively for the purposes of providing the functions of the Application to the User; any further use (including processing for the purposes of improving the Application and training AI) is governed by the Dietarius Application Privacy Policy and requires the User’s separate consent, revocable at any time, pursuant to Section 12(1) of the Slovak Civil Code and Article 6(1)(a), or Article 9(2)(a), GDPR;
(c)
the User acknowledges that the Operator may use artificial intelligence tools within the meaning of Article 1.4 of these Terms for the purposes of providing certain functions of the Application (e.g. Menu);
(d)
if the User uploads to the Application any content constituting a work within the meaning of Section 3 of Act No. 185/2015 Coll., the Copyright Act, in particular but not limited to photographs, the User grants the Operator a non-exclusive, territorially unlimited licence to use the work to the extent necessary for operating the Application, providing its functions to the User and for the purposes set out in the Dietarius Application Privacy Policy (including improving the Application and training AI, where the User has given consent), including making copies, inclusion in a database, combination with other works and adaptation. The licence lasts for the duration of the contract for the provision of the Application; after its termination, the Operator is entitled to continue using exclusively anonymised materials from which the User cannot be identified. The User and the Operator have agreed that the licence is granted free of charge and the User is not entitled to any remuneration in connection with the use of the work;
(e)
the User undertakes to upload to the Application only content to which the User holds the relevant rights, which does not interfere with the rights of third parties and does not breach applicable law or social norms. The User is solely responsible for such uploaded content.

4.11. Changes to the Application (Digital Performance). The Operator is entitled to change the Application and its functions beyond what is necessary to maintain their conformity with the contract, for the following reasons: (i) development, improvement or extension of the Application’s functions, (ii) technical, operational or security reasons (including adaptation to a new technical environment or an increased number of Users), (iii) a change in applicable law or a decision of a public authority, or (iv) discontinuation or change of third-party services used by the Operator in providing the Application. A change must not entail additional costs for the User, and the Operator will inform the User of it in a clear and comprehensible manner. If a change adversely affects the User’s access to or use of the Application other than to a negligible extent, the Operator will inform the User reasonably in advance of the change, on a durable medium (by e-mail), of the features and time of the change and of the User’s right to terminate the contract free of charge within thirty (30) days of receipt of the information or of the change being made, whichever is later; this does not apply if the Operator enables the User, at no additional cost, to retain the Application without the change and the Application remains in conformity with the contract. If the User terminates the contract on this ground and has paid a Premium Content subscription, the Operator will refund the proportionate part of the price for the unused period.

5. STATUTORY LIABILITY FOR DEFECTS

5.1. The Operator is liable for the supply of performance consisting in the provision of the Application and its individual functions to the User who is a consumer, in accordance with Act No. 40/1964 Coll., the Civil Code (the “Civil Code”), i.e. in conformity with the agreed requirements contained in these Terms and with the general requirements under applicable law. The Operator is also liable for ensuring that the User’s use of the Application and its functions does not prevent or restrict the rights of any third party, including intellectual property rights.

5.2. The Operator is liable for every defect of the Application and its functions that occurs or manifests itself during the entire agreed period for which the Application is to be provided, but at least for two (2) years from the first supply of the digital performance where the digital performance is supplied on a one-off basis. Where the Application or a function is necessary for the use of the Product, this period lasts at least for the duration of the Operator’s statutory liability for defects in respect of the Product purchased by the User.

5.3. The conditions of liability for defects set out in the General Terms and Conditions of the Operator’s online store apply mutatis mutandis to the Application and its functions that form part of the Product and are necessary for, or necessarily connected with, the Product.

5.4. The provision of this Application and its functions as digital performance is subject to the Operator’s liability for defects under Section 852g et seq. of the Civil Code.

5.5. The Operator is not liable for defects of the digital performance:

(a)
that manifest themselves after the expiry of the period referred to in Article 5.2 of these Terms;
(b)
caused by use contrary to these Terms;
(c)
where the defect was caused exclusively by the failure to install an update provided to the User by the Operator within a reasonable period after its delivery, despite a notice of the availability of the update and of the consequences of not installing it, and correct information on the installation of the update;
(d)
arising from the use of incompatible software or hardware or from use otherwise than in accordance with the information provided by the Operator;
(e)
where so provided by applicable law.

5.6. If the digital performance provided has defects for which the Operator is liable, the User has the following statutory claims against the Operator:

(a)
Right to have the defect remedied
1.
If a defect exists that is remediable, the User has the right, after notifying the defect, to have the Operator remedy it free of charge, within a reasonable period, no later than thirty (30) days from the notification of the defect unless a longer period is justified by an objective reason beyond the Operator’s control, and without causing serious inconvenience to the User.
2.
The Operator may refuse to remedy the defect if remedying it is impossible or would entail disproportionate costs in view of all the circumstances.
(b)
Right of withdrawal from the contract and price reduction In the event of a defect of the digital performance, the User has the right to a proportionate reduction of the price of the digital performance, where the service is provided for a fee (Premium Content), or to withdraw from the contract for the digital performance, if:
1.
the Operator has not remedied the defect in accordance with Article 5.6(a)(1) of these Terms;
2.
the Operator has refused to remedy the defect in accordance with Article 5.6(a)(2) of these Terms;
3.
the same defect has recurred despite the Operator’s previous repair;
4.
the defect is of such a serious nature as to justify a price (fee) reduction, in the case of paid performance, or withdrawal from the contract for the digital performance;
5.
the Operator has declared, or it is evident from the circumstances, that the defect will not be remedied within a reasonable period or without serious inconvenience to the User;
6.
the price (fee) reduction must correspond to the difference between the value of the digital performance without the defect and the value of the digital performance with the defect; where the digital performance is provided over an agreed period, the period during which the digital performance was defective is also taken into account;
7.
after withdrawal from the service contract, the User must refrain from using the digital performance and from providing it to third parties; the Operator will refund the User the price paid (or its proportionate part attributable to the defective performance) without undue delay, no later than fourteen (14) days from the withdrawal, in the same manner as it was paid, or through the payment system of the relevant application store.

5.7. The User must provide the Operator with reasonable cooperation necessary to determine whether the cause of the defect of the digital performance lies in the User’s digital environment. The User’s duty of cooperation is limited to technically available means that are the least burdensome for the User.

5.8. The User may notify a defect of the digital performance in any written form, stating in particular: (i) the specification of the digital performance, (ii) the defect (its description), (iii) the User’s contact details for handling the complaint, (iv) information proving payment of the fee, where relevant, the conclusion of the service contract and the legitimacy of the complaint (e.g. by attaching invoices or the App Store/Google Play purchase confirmation; the purchase and the conclusion of the contract may, however, be proven by any credible means), and (v) the requested manner of handling the complaint.

5.9. The User may notify a defect of the digital performance at the address of the Operator’s registered office or via the e-mail address contact_us@dietarius.eu.

5.10. Following the notification of a defect, the Operator will promptly issue the User a written confirmation (including by e-mail) stating when the User lodged the complaint, its content, the manner of handling requested by the User, the anticipated time for remedying the defect, and the Operator’s contact details for the purpose of providing information on the handling of the complaint.

5.11. If the complaint is justified, the Operator will handle it within a reasonable period, no later than thirty (30) days, unless a longer period is justified by an objective reason beyond the Operator’s control. If the Operator rejects liability for the defect, it will notify the User of the reasons for the rejection in writing.

5.12. The Operator informs the User of the handling of the complaint and of other matters electronically, in particular by a message sent to the User’s e-mail address referred to in Article 5.9 of these Terms.

6. DURATION AND TERMINATION OF THE CONTRACT, WITHDRAWAL FROM THE CONTRACT

6.1. Termination by the User. If the User no longer wishes to have access to the Application and its functions, the User may cancel the personal account at any time in the account settings directly in the Application. Merely uninstalling the Application from the device does not result in the cancellation of the personal account or the termination of any Premium Content subscription; the subscription must be cancelled in the settings of the relevant application store (App Store/Google Play), and the cancellation takes effect at the end of the current subscription period.

6.2. Right of Withdrawal. A User who is a consumer is entitled to withdraw from the contract for the purchase of the Product in accordance with the General Terms and Conditions of the Operator’s online store.

6.3. A User who is a consumer is entitled to withdraw from the contract formed under these Terms within fourteen (14) days of its conclusion, without giving any reason, by communicating an unequivocal statement of withdrawal via the e-mail address contact_us@dietarius.eu, or by using the withdrawal function under Article 6.4 of these Terms. The model form attached to these Terms may also be used for the withdrawal.

6.4. Withdrawal Function. The User may withdraw from the contract for the provision of the Application under Article 2.11, concluded at a distance via the Application, also by using the withdrawal function pursuant to Section 20a of Act No. 108/2024 Coll. on Consumer Protection, which is available via a clearly labelled item “withdraw from contract here” in the settings of the personal account in the Application. Since contracts under these Terms can be concluded exclusively through a personal account, placing the function within the logged-in area of the Application is sufficient. In the function, the User provides or confirms the User’s name and surname, the identification of the contract (e.g. the e-mail address associated with the personal account or the order identification) and an e-mail address for delivery of the confirmation; these data may be pre-filled by the Operator from the personal account. No other data are required as mandatory, and stating a reason for withdrawal is voluntary. The User submits the withdrawal by activating the confirmation function labelled “confirm withdrawal”; the Operator will promptly confirm receipt of the withdrawal by e-mail, stating its content and the date and time of its submission. The withdrawal function is distinct from the cancellation of the personal account under Article 6.1; withdrawal from the contract for the provision of the Application also results in the cancellation of the personal account. For Premium Content purchased through an application store, withdrawal from the contract and the refund of payments are exercised and handled through the processes of the relevant application store: for the App Store, vis-à-vis Apple as the seller (in particular via reportaproblem.apple.com); for Google Play, via the Google Play refund process; this is without prejudice to the User’s right to withdraw from a contract to which the Operator is a party also in the manner set out in Article 6.3 (in particular by e-mail). The Operator will provide the User with assistance upon request.

6.5. Requests for refunds of payments for Premium Content are submitted and handled through the relevant application store in accordance with its rules: for purchases via the App Store, through Apple (in particular reportaproblem.apple.com); for purchases via Google Play, through the Google Play refund process. Refunds are made through the payment system of the relevant application store, as a rule using the same means of payment as the User used for the payment. If the User validly withdraws from a contract to which the Operator is a party, the User’s statutory right to a refund of payments without undue delay, and no later than fourteen (14) days from receipt of the withdrawal, remains unaffected.

6.6. Limitation of the Right of Withdrawal. The right of a User who is a consumer to withdraw from the contract within fourteen (14) days is not absolute. Statutory exceptions to this right apply pursuant to Section 19(1) of Act No. 108/2024 Coll.

6.7. Where the subject of the contract is a one-off supply of digital content not supplied on a tangible medium, the User loses the right of withdrawal only if the supply began with the User’s express consent given before the expiry of the withdrawal period, the User simultaneously declared having been duly informed that by giving such consent the User loses the right of withdrawal, and the Operator provided the User with a confirmation of the conclusion of the contract on a durable medium (Section 19(1)(l) of Act No. 108/2024 Coll.).

6.8. Where the subject of the contract is the provision of Premium Content as a service during a subscription period, the User loses the right of withdrawal only upon full performance of the service, and only if its provision began before the expiry of the withdrawal period with the User’s express consent and the User declared having been duly informed that by expressing such consent the User loses the right of withdrawal upon full performance of the service (Section 19(1)(a) of Act No. 108/2024 Coll.). If the User withdraws from the contract during the withdrawal period after having requested that the provision of the service begin, the User is obliged to pay the Operator only the price for the performance actually provided up to the date of receipt of the notice of withdrawal. The express request, consent and declarations under Articles 6.7 and 6.8 are given within the purchase process of the relevant application store (Article 3.7 of these Terms). The User’s right to terminate the contract at any time under Article 6.1 remains unaffected.

6.9. The User may cancel a Premium Content subscription at any time in the manner set out in Articles 3.6 and 6.1 of these Terms; the Premium Content remains available to the User until the end of the current subscription period. If the User cancels the personal account during the subscription period, the Premium Content ceases to be available to the User; this is without prejudice to the need to cancel the subscription in the settings of the relevant application store and to the User’s rights under this Article 6.

6.10. Termination by the Operator. The Operator is entitled to suspend or cancel the User’s personal account if:

(a)
the User breaches these Terms or applicable law of the Slovak Republic;
(b)
the User’s personal account is misused or abused;
(c)
the User does not use, or is not active within, the personal account for at least twelve (12) calendar months; the Operator will notify the User in advance by e-mail of the planned cancellation on this ground, allowing a reasonable period to respond;
(d)
the User fails to install updates that are necessary for the proper operation of the Application or its functions or that would otherwise make the operation of the Application disproportionately burdensome for the Operator.

6.11. The Operator reserves the right to discontinue the provision of the Application and/or its functions where necessary for operational, business, technical or legal reasons. The Operator will inform the User of the discontinuation in an appropriate manner (in particular by e-mail) reasonably in advance; if the User has paid a Premium Content subscription, the Operator will refund the proportionate part of the price for the unused period.

7. HANDLING OF COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

7.1. Complaints and requests are handled by the Operator via the e-mail address contact_us@dietarius.eu or the telephone number +421 (0)948 478 509, or by post sent to the address of the Operator’s registered office set out in Article 1.1. The Operator will send information on the handling of a complaint or request to the User via the contact details stated in the complaint or request.

7.2. If a User who is a consumer is not satisfied with the manner in which the Operator handled a complaint, or believes that the Operator has infringed the User’s other rights, the User has the right to submit a request for redress to the Operator in accordance with Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended.

7.3. If the Operator has responded to the User’s request in a dismissive manner or has not responded within thirty (30) days of its delivery, the User who is a consumer has the right to submit a petition for the initiation of alternative dispute resolution to the competent alternative dispute resolution entity.

7.4. The alternative dispute resolution entity is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), Bajkalská 21/A, 827 99 Bratislava 27, available via the contact details published at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi, or another authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. Further information on alternative resolution of consumer disputes is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/alternativne-riesenie-spotrebitelskych-sporov.

8. PERSONAL DATA PROTECTION

8.1. In providing the Application and its functions, and in connection therewith, the Operator processes the User’s personal data. It does so in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), Act No. 18/2018 Coll. on Personal Data Protection, as amended, and other data protection legislation.

8.2. Detailed information on the processing of personal data is set out in the Dietarius Application Privacy Policy, which forms part of the registration process and is fully available to the User in the Application and on the Operator’s website www.dietarius.eu.

8.3. Use of Data for Training Artificial Intelligence Models. The Operator intends to use information about the Users’ use of the Application to train artificial intelligence models for the purposes of improving the Application and the Operator’s business. For these purposes, the Operator will primarily use anonymised data; where personal data that are not anonymised (in particular photographs uploaded by the User) are to be used for these purposes, the User’s separate consent, revocable at any time, is required. Detailed information on the processing of personal data for AI training purposes is set out in the Dietarius Application Privacy Policy.

9. FINAL PROVISIONS

9.1. If any provision of these Terms is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

9.2. Governing Law. These Terms are governed by the applicable law of the Slovak Republic, in particular the Civil Code and Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts. The mandatory statutory rights of a User who is a consumer are not affected by these Terms.

9.3. Amendments to the Terms. The Operator is entitled to unilaterally amend or supplement these Terms upon the occurrence of any of the following serious reasons: (i) a change in applicable law, (ii) prevention of breaches or abuse of these Terms, (iii) a change in the services or functions provided or their scope, (iv) a change in the Operator’s details or details connected with these Terms, and (v) correction or adjustment of these Terms or the Application. The Operator will inform the User of the amendment in an appropriate manner.

9.4. The Operator is entitled to unilaterally amend or supplement these Terms also in cases other than those set out in points (i)–(v) of Article 9.3, provided that the Operator informs Users of the new wording of the Terms at least fourteen (14) days before the planned amendment takes effect. If the User does not agree with the proposed amendment, the User is entitled to terminate the service contract free of charge no later than one (1) day before the new wording of the Terms takes effect; in such a case, the termination takes effect on the effective date of the amendment. Upon the expiry of that period without action, the User is deemed to have agreed to the amendment of the Terms.

9.5. The current version of the Terms is available in the Application, on the Operator’s website www.dietarius.eu/obchodne-podmienky/ and at the Operator’s registered office.

9.6. These Terms are valid and effective from 1 February 2026, as amended by revision No. 1.1 effective from 1 August 2026.

APPENDIX – MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from a contract concluded at a distance or off-premises; you may also withdraw from the contract directly in the Application using the “withdraw from contract here” function)

To: Equitya s. r. o., Silvánová 33, 902 01 Pezinok, Slovak Republic, Company ID (IČO): 50 337 963, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 116366/B, e-mail: contact_us@dietarius.eu.

I hereby give notice that I withdraw from the contract for the provision of the Dietarius Application service / from the contract for the provision of Premium Content*. I undertake to cease using the Application or the Premium Content. (*delete as appropriate)

Date of conclusion of the contract (registration), or identification of the Premium Content order: …………..
Name and surname of the consumer: …………..
E-mail address of the consumer: …………..
Signature of the consumer (only if this form is submitted on paper): …………..
Date: …………..
Návrat hore

Kontakt

Equitya s.r.o.
Silvánová 33
902 01 Pezinok

+421 948 478 509

contact_us@dietarius.eu

Copyright 2026, Dietarius. All Rights Reserved.