Terms of service
Purchase in Google Play
Terms and Conditions for using the growwithjo Application (available in Google Play)
These terms and conditions (hereinafter the "Terms and Conditions") apply to the growwithjo application (hereinafter the "Application") downloaded by the User from the Google Play Store on the terms set out in the "Google Play Terms of Service" (hereinafter "Terms of Service") and contracts concluded through such downloaded App.
If, in accordance with the Terms of Service, the User is a customer of Google Commerce Limited and performs a transaction in the Application downloaded from Google Play, then Google Commerce Limited, and not DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company, is a party to the Service agreement for the User. In this case, the contract is concluded on the terms set out in the Terms of Service. This applies to Services sold or made available to Users within the European Economic Area (EEA) and the United Kingdom.
In other cases, the party to the agreement regarding the Services for the User is DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company, and the terms of the agreement are specified below.
The Terms and Conditions are made available free of charge at the electronic address in a manner that allows it to be downloaded, saved and printed.
§ 1 DEFINITIONS
„Administrator” stands for DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company with a registered office in Poznan (60-702), Poland, ul. Głogowska 31/33, entered in the register of entrepreneurs of the National Court Register under No.0000679107, the company’s registration file is currently maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register with statistical number (REGON) 302447233 and tax identification number (NIP) 7792414027;
Depending on the User's country of residence, "Google" stands for:
Google Commerce Limited,
Google LLC,
Google Asia Pacific Pte. Ltd.
according to the information posted here.
User means a natural person with full legal capacity who is registered as a Google Play user.
Subscription means a fee for the User's use of the Services.
Individual Meal Plan (IMP) means a service consisting in preparing a meal plan and making this plan available to the User.
Access means a service consisting in providing by the Administrator contents related to TP or IMP through the Application.
Service means Access and IMP and TP.
Mobile Device means portable electronic device connected to the Internet using wireless technology (5G, 3G, LTE, Wi-Fi) with the Android operating system.
Training Plan (TP) means a service consisting in preparing and providing a training plan to the User; as part of the service, the User also gets access to training videos via the Application.
Payment Method means the current, correct and accepted method of payment, which can be later changed each time and which may include payment using a User's account registered with another company.
§ 2 TECHNICAL CONDITIONS FOR USING THE APPLICATION
In order to use the Application properly, the following are necessary:
a mobile device with the Android operating system installed (version 8.0 or later)
downloading and installing the Application
internet connection
having an active and properly configured email account,
enabled JavaScript service
providing the Administrator with information regarding at least one Payment Method.
Downloading and using the Application may involve the User's obligation to pay fees to third parties, such as mobile operators or Internet providers. The Administrator is not responsible for the amount of fees imposed on the User by third parties.
§ 3 CONCLUSION OF A SERVICE CONTRACT
Through the Application, the User may conclude a contract regarding the Services by following the instructions provided in the Application.
The services are provided in the paid subscription model and cover the number of days consistent with the Subscription selected by the User (billing period). After the end of the period selected by the User, the Service automatically renews for the next period corresponding to the period originally selected by the User, unless the User unsubscribes at least 24 hours before its renewal. If the User does not want the Service to be renewed for subsequent periods, they should follow the instructions available at https://support.google.com/googleplay/answer/7018481. Unless the User resigns from the automatic renewal of the Service for subsequent periods, the User authorizes the Administrator or entities acting on behalf of the Administrator to charge the Subscription for subsequent billing periods using the Payment Method selected by the User.
When concluding a contract for the Services for the first time, the User receives a free trial period for the use of the Services prior to the charging of the Payment Method provided by the User, preceding the period of the Services provision days covered by the Subscription. If the User does not intend to continue the contract after the trial period, they should cancel the Service at least 24 hours before the end of the free trial period in accordance with the instructions available at the link https://support.google.com/googleplay/answer/7018481. The trial period does not apply to the contract concluded following automatic renewal, referred to in § 3 sec. 2 of the Terms and Conditions.
For the duration of the purchased Service, through the Application, the User will have access to the contents of TP or IMP, as appropriate, depending on the Service purchased, in particular:
a test that allows you to personalize TP and IMP for a specific User,
meal sets within IMP,
training sets within TP – only on Mobile Devices,
shopping lists.
For the duration of the purchased Service, the User will receive by email information on the use of TP or IMP, respectively.
Upon selecting the method of payment for the Subscription (clicking the button "order with the obligation to pay" with the selected method of payment) or on the first day of the automatically renewed period referred to in § 3 section 2 of the Terms and Conditions, an agreement is concluded between the User and the Administrator, the subject of which is:
IMP and TP,
and Access.
Immediately after the conclusion of the contract, the Administrator will send confirmation of the conclusion of the contract to the email address of the User.
The user will receive Access to the content referred to in § 3 sec. 4 of the Terms and Conditions, not earlier than after the Administrator receives the Subscription. The Administrator is deemed to have received the Subscription upon crediting the Google bank account.
TP or IMP will be made available to the User immediately, but no later than within 48 (forty-eight) hours after the User has completed and sent in the test allowing the personalization of TP or IMP. In the case of IMP, the personalization test will be made available to the User in the Application. In the case of TP, the test will be made available to the User in the Application.
Individual IMPs cover a period that can be extended after meeting the periodic promotion criteria for the number of days of free access indicated each time. IMP can be purchased for a period longer than one IMP. In this case, the User is obliged to provide measurements, in accordance with the information sent via the User's account, allowing the preparation of meal plans for subsequent periods. If the User fails to meet the deadline for sending the measurements, the new IMP will not be generated until the measurements are completed. Failure to generate IMP for the reasons indicated in the previous sentence does not extend the Access.
The Administrator stores the IMP and TP assigned to the User for a maximum period of 6 (six) months from the date they are made available to the User. After this period, IMP and TP are removed.
The Administrator does not provide for the possibility of making breaks between individual IMP and TP if the Access is purchased for a period longer than one IMP and TP.
§ 4 PAYMENTS
The subscription amount includes both IMP and TP as well as Access, where:
the amount due for IMP and TP is 95% of the Subscription value,
The amount due for Access is 5% of the Subscription value.
The subscription amount is a gross amount. The administrator does not charge any additional fees for access to IMP and TP.
The administrator allows you to use various Payment Methods. The list of currently accepted Payment Methods is available in the Application. In the case of using the agency of PayU and other online payment operators, it may be necessary for the User to accept the regulations for the provision of such services by the given entity.
The Administrator does not charge any additional fees for using individual payment methods for the Subscription.
In order to obtain a VAT invoice, the User should follow the instructions of the operator of the Google Play Store with which the Application is connected.
The Administrator does not charge any fees for using the hotline. The User bears only the cost of the connection in accordance with the tariff used by the User's operator.
§ 5 WITHDRAWAL FROM THE CONTRACT
The User has the right to withdraw from the contract concluded in accordance with § 3 sec. 2 of the Terms and Conditions within 14 (fourteen) days from the date of its conclusion. If the contract is preceded by a trial period, the cancellation period is 14 (fourteen) days from the end of the trial period. If the contract is concluded as a result of automatic renewal referred to in § 3 section 2 of the Terms and Conditions, the period of 14 (fourteen) days runs from the beginning of the automatically renewed period - in this case, the withdrawal applies to the last automatically renewed period.
In order to withdraw from the contract, the User should follow the instructions available in the Terms of Service.
The Administrator will immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the User all payments made by him, excluding the costs of return shipping.
The payment will be refunded using the same method of payment as used by the User. If the adopted method of payment is difficult or impossible, the Administrator will contact the User to agree on a different method of return, which will not involve any costs for the User.
§ 6 CONDITIONS FOR THE USE OF THE APPLICATION
The user is prohibited from providing illegal content in connection with the concluded contract.
Unless expressly stated otherwise in the Terms and Conditions or if it is not allowed under applicable law, the User undertakes:
not to remove any trademarks, copyright or proprietary notices from any elements of the Application;
not to reproduce, amend, modify, in part or in whole, the Application, and allow the connection or incorporation of the Application or its part into other software;
not to obtain or attempt to gain unauthorized access to the Application, dependent systems or networks or interfere with their operation;
not to break into smaller parts or create derivative works based in whole or in part on the Application, or perform similar activities;
not to distribute, license, rent, sell, resell, assign, publicly display, perform, transmit, stream, broadcast or otherwise use the Application;
not to transfer or share the Application, in part or in whole (including the source and object code), in any form, to any persons without the prior written consent of the Administrator;
not to pose as any person, make untrue statements or otherwise misrepresent your relationship with any natural or legal person;
not to use the Application or any part of it in a manner prohibited by law or for an unlawful purpose, in a manner inconsistent with the Terms and Conditions, including hacking or inserting malicious code, including viruses or harmful data into the Application (or websites containing links to the Application) or into any operating systems;
not to infringe the intellectual property rights of the Administrator or the rights of third parties in connection with the access and / or use of the Application;
not to collect data about other Application Users, not to access the Application or the Administrator's or third party systems using automated systems (e.g. bots), or to not attempt to decrypt transmissions from servers or to the servers used by the Application;
not to create, operate or use any software, devices, bots or other means or processes (including website information gathering programs, browser plug-ins and add-ons, or any other technology or manually) to not collect data from the Application or otherwise copy profiles and other data from the Application;
not to use the Application commercially without the Administrator's prior consent;
not to obtain login information, access information or accounts belonging to other people;
not to try, facilitate or encourage other people to violate the provisions of the Terms and Conditions;
not to use the Application in a way that could damage, disable, overload, disrupt or violate the operation of the Application, as well as the operation of the Administrator's or third party's systems, disrupt the activities of other Users or other people's computer systems, hack or gain unauthorized access to the Application or the Administrator's or third persons' data;
not to take any actions that may be considered as the above-mentioned actions.
§ 7 TERMINATION OF CONTRACT AND SUSPENSION OF SERVICES
The User may terminate the contract at any time with effect at the end of the settlement period by following the procedure specified in the Terms of Service. Disabling the automatic extension of the subscription is tantamount to submitting a declaration of termination of the contract.
The Administrator may terminate the contract or suspend the provision of services with immediate effect if the User breaches any provision of these Terms and Conditions.
The administrator may terminate the contract at any time with effect at the end of the settlement period, without giving any reason.
§ 8 COMPLAINTS
Complaints about all functionalities of the Application, including in particular access through the Application to IMP, TP, or other services provided by the Administrator should be reported via the Application's digital distribution platform.
Complaints about the Services provided by the Administrator and about the functioning of the Application may also be reported via the communication channels indicated in § 14 of the Terms and Conditions.
The complaint should contain at least:
designation of the User submitting the complaint (at least the e-mail address used by the User to log in to the Application),
indication of the circumstances being the basis for the complaint (e.g. no login),
indication of the expected method of settling the matter (e.g. extension of the Access period, refund of the price).
The Administrator considers the complaint within 14 (fourteen) days from the date of receipt of the complaint. If the notification does not contain the data indicated in sec. 2 above or additional data is necessary to consider the complaint, the Administrator will ask the User, no later than within 5 (five) days from the date of notification, to supplement it.
The Administrator provides answers as to the method of settling the complaint to the e-mail address assigned to the User's account, unless the complaint provides a different email address to which the reply is to be sent.
§ 9 USE, CONTRAINDICATIONS AND RESULTS OF IMP
The preparation of the IMP by the Administrator is made on the basis of a limited amount of information about the User. The Administrator does not have a medical history or the results of the User's examinations, in particular, the Administrator does not have data regarding:
User’s allergies,
failure to absorb specific products by the User,
medical recommendations as to not consuming specific products by the User,
User’s diseases or injuries.
Therefore, before starting to use IMP, you should consult a doctor or dietitian who will assess the risk and acceptability of using IMP by a specific User.
The multitude of factors affecting weight loss process means that the Administrator does not guarantee that the use of IMP will bring the intended result or will not cause undesirable side effects. If side effects occur, discontinue use of IMP and consult a physician. The User uses the Application at their own risk, which does not exclude the possible liability of the administrator provided for by law.
The effects of using IMP by different Users may differ.
The meal plan that is the basis of IMP is not intended for children, adolescents, pregnant or breastfeeding women and people suffering from diabetes (regardless of the type of diabetes) and other chronic diseases or acute diseases. Such persons should not follow the IMP.
The application is not a source of medical knowledge and the information contained in it or in the IMP is not medical advice and cannot be treated as a substitute for consulting a doctor or nutritionist.
The Administrator does not have information about the health of the Users, and therefore does not control it. Users should take care of their health on their own, including undergoing appropriate medical examinations.
The User can select IMP for physically active people. The Administrator points out that the requirements of individual sports disciplines, the User's health condition and other factors and parameters may affect the need to prepare a more personalized nutrition plan, which the Administrator does not provide.
§ 10 USE, CONTRAINDICATIONS AND RESULTS OF TP
The preparation of the TP by the Administrator is made on the basis of a limited amount of information about the User. The Administrator does not have medical information or examination results of the User, in particular the Administrator does not have data on: medical recommendations regarding the User's diseases or injuries, therefore, before using TP, consult a doctor, physiotherapist or personal trainer who will assess the risk and acceptability of using TP by a specific User.
The multitude of factors influencing the effectiveness of TP means that the Administrator does not guarantee that the use of TP will bring the intended result or will not cause undesirable side effects. If side effects occur, discontinue use of TP and consult a physician. The administrator is not responsible for any type of injuries and diseases resulting from the use of TP.
The effects of using TP by different Users may differ.
TP is not intended for children and adolescents, people suffering from acute and chronic diseases (including heart disease, osteoarticular diseases, people after injuries or surgery). Such persons should not use TP.
The application is not a source of medical knowledge and the information contained in it or in TP is not medical advice and may not be treated as a substitute for consulting a doctor or physiotherapist.
The Administrator does not have information about the health of the Users, and therefore does not control it. Users should take care of their health on their own, including undergoing appropriate medical examinations.
Some TP programs are dedicated to pregnant women and women with at least 12 weeks since the end of pregnancy. Access to these programs is possible after the User indicates that they have read and accept the following conditions: Remember that the introduction of physical activity during pregnancy should always take place with the consent of your OB-GYN. While you are pregnant, there are many benefits to exercising, but don't forget the main principles:
Avoid exercises such as jumps, deep bends and squats, lying on the front and back (lying on your back from the second / third trimester depending on the size of the belly), lifting the shoulder line (especially in the third trimester), exercises involving the rectus abdominis muscle.
Maintain a proper heart rate. It is recommended that during physical exertion it should be within the range of 120-140 beats / minute. However, for women who trained before pregnancy, the heart rate can be up to 15-160 beats / minute.
Remember about an airy sports outfit. Pay attention to the proper hydration of the body.
In advanced pregnancy, depending on how you feel, do exercises in a sitting position (e.g. on a ball) instead of standing.
If you were not physically active before you became pregnant, do not start exercising in the first trimester of pregnancy.
When should you stop exercising?
Severe shortness of breath,
Palpitations or chest pain,
Feeling dizzy or faint,
Painful uterine contractions,
Bleeding from the vagina,
Leakage of amniotic fluid,
Considerable fatigue, deterioration of well-being,
Stomachache,
Headache,
Muscle weakness,
Weaker fetal movements”
The user should not use TP programs referred to in sec. 7 above without consulting their doctor.
§ 11 COPYRIGHT LAWS
The User is granted a license for the Application. The license is granted by the Administrator on the terms set out in the Terms of Service.
§ 12 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
When implementing the contract, the Administrator will act with due diligence and proficiency. The Administrator makes no other promises or guarantees regarding the Application or Services, and in particular does not guarantee that:
The User's use of the Application and Services will be uninterrupted and error-free.
The Application and Services will be free from any loss, damage, attacks, viruses, disruptions, hacking or other security breaches that will be Force Majeure cases, with the Administrator excluding any liability in this regard.
Apart from the exceptions described in sec. 4 below and except in the case of the User's statutory right to obtain reimbursement or compensation, in no event will the Administrator, its directors, board members, employees, affiliates, agents, contractors or licensors be liable for any loss or damage caused by the Administrator, its employees or agents if:
there has been no breach of the legal duty of care towards the User by the Administrator or its employees or agents;
they do not constitute the reasonably foreseeable effects of the infringement;
the increase in loss or damage will be caused by the User's breach of any of the provisions of this Agreement;
the loss or damage will result from the Administrator's decision to delete or refuse to process any information or content, to warn the User, suspend or revoke the User's access to the Services, or to take any action during the investigation of suspected violation or as a result of recognition by the Administrator, that there has been a breach of contract; or
the loss or damage will be related to loss of income, deterioration of business opportunities or loss of profits, or loss of data or data corruption in connection with the use of the Services by the User.
The Administrator will make reasonable efforts to protect the information provided by the User in connection with the Service, including against illegal use.
Nothing in this agreement shall exclude or limit the Administrator's liability for fraud, gross negligence, unlawful intent or for death or personal injury.
In the event of a breach of the contract by the User, they will be liable to the Administrator, its directors, board members, employees, affiliates, agents, contractors and licensors for all claims arising from this breach. The User will also be liable for any actions taken by the Administrator as part of an investigation into a suspected breach of this agreement or as a result of the Administrator establishing or deciding that a breach of the agreement has taken place.
The Administrator is not responsible for the data transmission fees incurred by the User in connection with their use of the Services.
§ 13 DISPUTE RESOLUTION
The User may use judicial and extrajudicial means of dealing with complaints and redress.
As part of out-of-court dispute resolution, it is possible to use, inter alia:
mediation conducted by voivodeship inspectorates of the Trade Inspection - in accordance with the procedure adopted by these entities,
arbitration courts - in accordance with the procedure adopted by these entities,
assistance from municipal (poviat) consumer ombudsman.
The User can also use the online dispute resolution system created by the European Union (https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false).
If, as a result of the complaint procedure, the dispute is not resolved, the Administrator will provide the User on paper or other durable medium with a declaration of consent or disagreement to participate in the procedure for out-of-court settlement of consumer disputes.
The entity authorized within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823, as amended) is the trade inspection (http://poznan.wiih.gov.pl).
§ 14 CONTACT
If nothing else results from the content of the Regulations, all notifications and information regarding the Application and Services may be made by the User at their discretion:
via the email address contact@growwithjo.app,
in writing to the Administrator's address indicated in § 1 of the Terms and Conditions.
§ 15 USER DATA
Information on the protection of the User's personal data, comprehensive information obligation referred to in art. 13 of GDPR, are included in the Privacy and Cookies Policy.
§ 16 DIGITAL CONTENT
Digital content provided to the consumer as part of the contract is confirmation of the contract, IMP, TP, training videos and Terms and Conditions, if the User decides to download it. The Administrator does not enter any software or data other than those listed above and the Privacy Policy and Cookies into the ICT system used by the User. The process of concluding contracts involves typical threats related to the use of the Internet for the purpose of data transmission. The ICT system used by the Administrator uses techniques customarily accepted on the market to ensure that the User concludes contracts in a way that prevents unauthorized access to the content of the message.
Necessary to access the digital content listed in paragraph 1 above is the User's fulfillment of the conditions specified in § 2 sec. 1 (a) to (f) of the Terms and Conditions.
The digital content listed in sec. 1 above are not protected against making changes. As a rule, the User may open this content and save it in a format other than the one in which the Administrator sent it. As a result of this, digital content may change, its properties may also change, and some information may be lost.
§ 17 APPLICABLE LAW
The agreement between the Administrator and the User is subject to the provisions of Polish law and will be interpreted in accordance with them.
These Terms and Conditions do not limit any consumer rights to protection that may be vested in the User under the mandatory provisions of the law in the country of their residence.
Polish courts are competent for all claims arising from the contract concluded between the User and the Administrator, as well as for any possible claims for tort and unjust enrichment that may arise in connection with the conclusion, performance or termination of such a contract. The jurisdiction of Polish courts established in this way is non-exclusive and does not violate the provisions providing for other grounds of jurisdiction, in particular, it does not deprive the User who is a consumer of the right to bring an action in courts other than those mentioned above.
The United Nations Convention on the International Sale of Goods does not apply to the contract.
§ 18 CHANGES TO THE TERMS AND CONDITIONS
The Administrator may change the Terms and Conditions at any time for important reasons. Such reasons may include, in particular: the need to adapt the content of the Terms and Conditions to the current or coming into force legal provisions, changes introduced to the Google Play Store regulations, the need to adapt the Terms and Conditions to changing market conditions or changes in the method of providing Services by the Administrator. Amendments to the Terms and Conditions are effective from the moment of publishing the new content of the Terms and Conditions, however, contracts for the Services concluded before the amendment to the Terms and Conditions will be implemented on the current terms. The amendment to the Terms and Conditions makes the automatic renewal, referred to in § 3 sec. 2 of the Terms and Conditions, impossible.
The Administrator may at any time correct ordinary typing and editorial errors in the Terms and Conditions. Simple typing or editorial errors are errors which do not affect the rights and obligations of the parties. Such a correction does not constitute a change to the Terms and Conditions within the meaning of paragraph 1 above. The correction is valid from the moment of publishing the corrected content of the Terms and Conditions, contracts for Services concluded before the rectification of the Terms and Conditions will be implemented on the new terms.
Conclusion of a new contract regarding the Services by the User in the event of changes to the Terms and Conditions is possible after accepting the new content of the Terms and Conditions. The new content of the Terms and Conditions will be available https://app.growwithjo.app/terms-of-service and will be presented for the User's approval before placing the first order after changing the Terms and Conditions.
Purchase in App Store
Terms and Conditions for using the growwithjo Application (available in App Store)
These terms and conditions (hereinafter the "Terms and Conditions") apply to the growwithjo application (hereinafter the "Application") downloaded by the User from the App Store on the terms set out in the "Apple Media Services Terms and Conditions" (hereinafter "Apple Services") and contracts concluded through such downloaded App.
If, in accordance with the Apple Services, the User is a customer of Apple Distribution International Ltd. and performs a transaction in the Application downloaded from App Store, then Apple Distribution International Ltd., and not DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company, is a party to the Service agreement for the User. In this case, the contract is concluded on the terms set out in the Apple Services. This applies in particular to Services sold or made available to Users within the European Union, including Poland.
In other cases, the party to the agreement regarding the Services for the User is DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company, and the terms of the agreement are specified below.
The Terms and Conditions are made available free of charge at the electronic address in a manner that allows it to be downloaded, saved and printed.
§ 1 DEFINITIONS
„Administrator” stands for DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company with a registered office in Poznan (60-702), Poland, ul. Głogowska 31/33, entered in the register of entrepreneurs of the National Court Register under No.0000679107, the company’s registration file is currently maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register with statistical number (REGON) 302447233 and tax identification number (NIP) 7792414027;
Depending on the User's country of residence, "Apple" stands for:
Apple Inc., located at One Apple Park Way, Cupertino, California, for users in North, Central, and South America (excluding Canada) as well as US territories and possessions; and French and British possessions in North America, South America, and the Caribbean;
Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada or its territories and possessions;
iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;
Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; and
Apple Distribution International Limited, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.
User means a natural person with full legal capacity who is registered as an App Store user.
Subscription means a fee for the User's use of the Services.
Individual Meal Plan (IMP) means a service consisting in preparing a meal plan and making this plan available to the User.
Access means a service consisting in providing by the Administrator contents related to TP or IMP through the Application.
Service means Access and IMP and TP.
Mobile Device means portable electronic device connected to the Internet using wireless technology (5G, 3G, LTE, Wi-Fi) with the iOS operating system.
Training Plan (TP) means a service consisting in preparing and providing a training plan to the User; as part of the service, the User also gets access to training videos via the Application.
Payment Method means the current, correct and accepted method of payment, which can be later changed each time and which may include payment using a User's account registered with another company.
§ 2 TECHNICAL CONDITIONS FOR USING THE APPLICATION
In order to use the Application properly, the following are necessary:
a mobile device with the iOS operating system installed (version 13.0 or later),
downloading and installing the Application,
internet connection,
having an active and properly configured email account,
enabled JavaScript service,
providing the Administrator with information regarding at least one Payment Method.
Downloading and using the Application may involve the User's obligation to pay fees to third parties, such as mobile operators or Internet providers. The Administrator is not responsible for the amount of fees imposed on the User by third parties.
§ 3 CONCLUSION OF A SERVICE CONTRACT
Through the Application, the User may conclude a contract regarding the Services by following the instructions provided in the Application.
The services are provided in the paid subscription model and cover the number of days consistent with the Subscription selected by the User (billing period). After the end of the period selected by the User, the Service automatically renews for the next period corresponding to the period originally selected by the User, unless the User unsubscribes at least 24 hours before its renewal. If the User does not want the Service to be renewed for subsequent periods, they should follow the instructions available at https://support.apple.com/pl-pl/HT202039. Unless the User resigns from the automatic renewal of the Service for subsequent periods, the User authorizes the Administrator or entities acting on behalf of the Administrator to charge the Subscription for subsequent billing periods using the Payment Method selected by the User.
When concluding a contract for the Services for the first time, the User receives a free trial period for the use of the Services prior to the charging of the Payment Method provided by the User, preceding the period of the Services provision days covered by the Subscription. If the User does not intend to continue the contract after the trial period, they should cancel the Service at least 24 hours before the end of the free trial period in accordance with the instructions available at the link https://support.apple.com/pl-pl/HT202039. The trial period does not apply to the contract concluded following automatic renewal, referred to in § 3 sec. 2 of the Terms and Conditions.
For the duration of the purchased Service, through the Application, the User will have access to the contents of TP or IMP, as appropriate, depending on the Service purchased, in particular:
a test that allows you to personalize TP and IMP for a specific User,
meal sets within IMP,
training sets within TP – only on Mobile Devices,
shopping lists.
For the duration of the purchased Service, the User will receive by email information on the use of TP or IMP, respectively.
Upon selecting the method of payment for the Subscription (clicking the button "order with the obligation to pay" with the selected method of payment) or on the first day of the automatically renewed period referred to in § 3 section 2 of the Terms and Conditions, an agreement is concluded between the User and the Administrator, the subject of which is:
IMP and TP,
and Access.
Immediately after the conclusion of the contract, the Administrator will send confirmation of the conclusion of the contract to the email address of the User.
The user will receive Access to the content referred to in § 3 sec. 4 of the Terms and Conditions, not earlier than after the Administrator receives the Subscription. The Administrator is deemed to have received the Subscription upon crediting the Apple bank account.
TP or IMP will be made available to the User immediately, but no later than within 48 (forty-eight) hours after the User has completed and sent in the test allowing the personalization of TP or IMP. In the case of IMP, the personalization test will be made available to the User in the Application. In the case of TP, the test will be made available to the User in the Application.
The use of Apple Health (HealthKit) is voluntary. The data provided is only for the purpose of better personalization of the Service. The user may at any time withdraw consent to transfer data to the Administrator via the application.
Individual IMPs cover a period that can be extended after meeting the periodic promotion criteria for the number of days of free access indicated each time. IMP can be purchased for a period longer than one IMP. In this case, the User is obliged to provide measurements, in accordance with the information sent via the User's account, allowing the preparation of mealplans for subsequent periods. If the User fails to meet the deadline for sending the measurements, the new IMP will not be generated until the measurements are completed. Failure to generate IMP for the reasons indicated in the previous sentence does not extend the Access.
The Administrator stores the IMP and TP assigned to the User for a maximum period of 6 (six) months from the date they are made available to the User. After this period, IMP and TP are removed.
The Administrator does not provide for the possibility of making breaks between individual IMP and TP if the Access is purchased for a period longer than one IMP and TP.
§ 4 PAYMENTS
The subscription amount includes both IMP and TP as well as Access, where:
the amount due for IMP and TP is 95% of the Subscription value,
the amount due for Access is 5% of the Subscription value.
The subscription amount is a gross amount. The administrator does not charge any additional fees for access to IMP and TP.
The administrator allows you to use various Payment Methods. The list of currently accepted Payment Methods is available in the Application. In the case of using the agency of PayU and other online payment operators, it may be necessary for the User to accept the regulations for the provision of such services by the given entity.
The Administrator does not charge any additional fees for using individual payment methods for the Subscription.
In order to obtain a VAT invoice, the User should follow the instructions of the operator of App Store with which the Application is connected.
The Administrator does not charge any fees for using the hotline. The User bears only the cost of the connection in accordance with the tariff used by the User's operator.
§ 5 WITHDRAWAL FROM THE CONTRACT
The User has the right to withdraw from the contract concluded in accordance with § 3 sec. 2 of the Terms and Conditions within 14 (fourteen) days from the date of its conclusion. If the contract is preceded by a trial period, the cancellation period is 14 (fourteen) days from the end of the trial period. If the contract is concluded as a result of automatic renewal referred to in § 3 section 2 of the Terms and Conditions, the period of 14 (fourteen) days runs from the beginning of the automatically renewed period - in this case, the withdrawal applies to the last automatically renewed period.
In order to withdraw from the contract, the User should follow the instructions available in the following link: https://reportaproblem.apple.com/
The User can use the declaration template, which is attached to these Terms and Conditions, which can be downloaded here. https://app.growwithjo.app/terms-of-service
If a declaration of withdrawal is submitted in electronic form, the Administrator will immediately confirm the receipt of such declaration.
The Administrator will immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the User all payments made by him, excluding the costs of return shipping.
The payment will be refunded using the same method of payment as used by the User. If the adopted method of payment is difficult or impossible, the Administrator will contact the User to agree on a different method of return, which will not involve any costs for the User.
§ 6 CONDITIONS FOR THE USE OF THE APPLICATION
The user is prohibited from providing illegal content in connection with the concluded contract.
Unless expressly stated otherwise in the Terms and Conditions or if it is not allowed under applicable law, the User undertakes:
not to remove any trademarks, copyright or proprietary notices from any elements of the Application;
not to reproduce, amend, modify, in part or in whole, the Application, and allow the connection or incorporation of the Application or its part into other software;
not to obtain or attempt to gain unauthorized access to the Application, dependent systems or networks or interfere with their operation;
not to break into smaller parts or create derivative works based in whole or in part on the Application, or perform similar activities;
not to distribute, license, rent, sell, resell, assign, publicly display, perform, transmit, stream, broadcast or otherwise use the Application;
not to transfer or share the Application, in part or in whole (including the source and object code), in any form, to any persons without the prior written consent of the Administrator;
not to pose as any person, make untrue statements or otherwise misrepresent your relationship with any natural or legal person;
not to use the Application or any part of it in a manner prohibited by law or for an unlawful purpose, in a manner inconsistent with the Terms and Conditions, including hacking or inserting malicious code, including viruses or harmful data into the Application (or websites containing links to the Application) or into any operating systems;
not to infringe the intellectual property rights of the Administrator or the rights of third parties in connection with the access and / or use of the Application;
not to collect data about other Application Users, not to access the Application or the Administrator's or third party systems using automated systems (e.g. bots), or to not attempt to decrypt transmissions from servers or to the servers used by the Application;
not to create, operate or use any software, devices, bots or other means or processes (including website information gathering programs, browser plug-ins and add-ons, or any other technology or manually) to not collect data from the Application or otherwise copy profiles and other data from the Application;
not to use the Application commercially without the Administrator's prior consent;
not to obtain login information, access information or accounts belonging to other people;
not to try, facilitate or encourage other people to violate the provisions of the Terms and Conditions;
not to use the Application in a way that could damage, disable, overload, disrupt or violate the operation of the Application, as well as the operation of the Administrator's or third party's systems, disrupt the activities of other Users or other people's computer systems, hack or gain unauthorized access to the Application or the Administrator's or third persons' data;
not to take any actions that may be considered as the above-mentioned actions.
§ 7 TERMINATION OF THE CONTRACT AND SUSPENSION OF THE SERVICES
The User may terminate the contract at any time with effect at the end of the settlement period by following the procedure specified in the following link https://support.apple.com/pl-pl/HT202039. Disabling the automatic extension of the subscription is tantamount to submitting a declaration of termination of the contract.
The Administrator may terminate the contract or suspend the provision of services with immediate effect if the User breaches any provision of these Terms and Conditions.
The administrator may terminate the contract at any time with effect at the end of the settlement period, without giving any reason.
§ 8 COMPLAINTS
Complaints about all functionalities of the Application, including in particular access through the Application to IMP, TP, or other services provided by the Administrator should be reported via the Application's digital distribution platform.
Complaints about the Services provided by the Administrator and about the functioning of the Application may also be reported via the communication channels indicated in § 14 of the Terms and Conditions.
The complaint should contain at least:
designation of the User submitting the complaint (at least the e-mail address used by the User to log in to the Application),
indication of the circumstances being the basis for the complaint (e.g. no login),
indication of the expected method of settling the matter (e.g. extension of the Access period, refund of the price).
The Administrator considers the complaint within 14 (fourteen) days from the date of receipt of the complaint. If the notification does not contain the data indicated in sec. 2 above or additional data is necessary to consider the complaint, the Administrator will ask the User, no later than within 5 (five) days from the date of notification, to supplement it.
The Administrator provides answers as to the method of settling the complaint to the e-mail address assigned to the User's account, unless the complaint provides a different email address to which the reply is to be sent.
§ 9 USE, CONTRAINDICATIONS AND RESULTS OF IMP
The preparation of the IMP by the Administrator is made on the basis of a limited amount of information about the User. The Administrator does not have a medical history or the results of the User's examinations, in particular, the Administrator does not have data regarding:
User’s allergies,
failure to absorb specific products by the User,
medical recommendations as to not consuming specific products by the User,
User’s diseases or injuries,
Therefore, before starting to use IMP, you should consult a doctor or dietitian who will assess the risk and acceptability of using IMP by a specific User.
The multitude of factors affecting weight loss process means that the Administrator does not guarantee that the use of IMP will bring the intended result or will not cause undesirable side effects. If side effects occur, discontinue use of IMP and consult a physician. The User uses the Application at their own risk, which does not exclude the possible liability of the administrator provided for by law.
The effects of using IMP by different Users may differ.
The meal plan that is the basis of IMP is not intended for children, adolescents, pregnant or breastfeeding women and people suffering from diabetes (regardless of the type of diabetes) and other chronic diseases or acute diseases. Such persons should not follow the IMP.
The application is not a source of medical knowledge and the information contained in it or in the IMP is not medical advice and cannot be treated as a substitute for consulting a doctor or nutritionist.
The Administrator does not have information about the health of the Users, and therefore does not control it. Users should take care of their health on their own, including undergoing appropriate medical examinations.
The User can select IMP for physically active people. The Administrator points out that the requirements of individual sports disciplines, the User's health condition and other factors and parameters may affect the need to prepare a more personalized nutrition plan, which the Administrator does not provide.
§ 10 USE, CONTRAINDICATIONS AND RESULTS OF TP
The preparation of the TP by the Administrator is made on the basis of a limited amount of information about the User. The Administrator does not have medical information or examination results of the User, in particular the Administrator does not have data on: medical recommendations regarding the User's diseases or injuries, therefore, before using TP, consult a doctor, physiotherapist or personal trainer who will assess the risk and acceptability of using TP by a specific User.
The multitude of factors influencing the effectiveness of TP means that the Administrator does not guarantee that the use of TP will bring the intended result or will not cause undesirable side effects. If side effects occur, discontinue use of TP and consult a physician. The administrator is not responsible for any type of injuries and diseases resulting from the use of TP.
The effects of using TP by different Users may differ.
TP is not intended for children and adolescents, people suffering from acute and chronic diseases (including heart disease, osteoarticular diseases, people after injuries or surgery). Such persons should not use TP.
The application is not a source of medical knowledge and the information contained in it or in TP is not medical advice and may not be treated as a substitute for consulting a doctor or physiotherapist.
The Administrator does not have information about the health of the Users, and therefore does not control it. Users should take care of their health on their own, including undergoing appropriate medical examinations.
Some TP programs are dedicated to pregnant women and women with at least 12 weeks since the end of pregnancy. Access to these programs is possible after the User indicates that they have read and accept the following conditions: Remember that the introduction of physical activity during pregnancy should always take place with the consent of your OB-GYN. While you are pregnant, there are many benefits to exercising, but don't forget the main principles:
Avoid exercises such as jumps, deep bends and squats, lying on the front and back (lying on your back from the second / third trimester depending on the size of the belly), lifting the shoulder line (especially in the third trimester), exercises involving the rectus abdominis muscle.
Maintain a proper heart rate. It is recommended that during physical exertion it should be within the range of 120-140 beats / minute. However, for women who trained before pregnancy, the heart rate can be up to 15-160 beats / minute.
Remember about airy sports outfit. Pay attention to the proper hydration of the body.
In advanced pregnancy, depending on how you feel, do exercises in a sitting position (e.g. on a ball) instead of standing.
If you were not physically active before you became pregnant, do not start exercising in the first trimester of pregnancy.
When should you stop exercising?
Severe shortness of breath,
Palpitations or chest pain,
Feeling dizzy or faint,
Painful uterine contractions,
Bleeding from the vagina,
Leakage of amniotic fluid,
Considerable fatigue, deterioration of well-being,
Stomachache,
Headache,
Muscle weakness,
Weaker fetal movements”
The user should not use TP programs referred to in sec. 7 above without consulting their doctor.
§ 11 COPYRIGHT LAWS
The User is granted a license for the Application. The license is granted by the Administrator on the terms set out in the Apple Services.
§ 12 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
When implementing the contract, the Administrator will act with due diligence and proficiency. The Administrator makes no other promises or guarantees regarding the Application or Services, and in particular does not guarantee that:
The User's use of the Application and Services will be uninterrupted and error-free.
The Application and Services will be free from any loss, damage, attacks, viruses, disruptions, hacking or other security breaches that will be Force Majeure cases, with the Administrator excluding any liability in this regard.
Apart from the exceptions described in sec. 4 below and except in the case of the User's statutory right to obtain reimbursement or compensation, in no event will the Administrator, its directors, board members, employees, affiliates, agents, contractors or licensors be liable for any loss or damage caused by the Administrator, its employees or agents if:
there has been no breach of the legal duty of care towards the User by the Administrator or its employees or agents;
they do not constitute the reasonably foreseeable effects of the infringement;
the increase in loss or damage will be caused by the User's breach of any of the provisions of this Agreement;
the loss or damage will result from the Administrator's decision to delete or refuse to process any information or content, to warn the User, suspend or revoke the User's access to the Services, or to take any action during the investigation of suspected violation or as a result of recognition by the Administrator, that there has been a breach of contract; or
the loss or damage will be related to loss of income, deterioration of business opportunities or loss of profits, or loss of data or data corruption in connection with the use of the Services by the User.
The Administrator will make reasonable efforts to protect the information provided by the User in connection with the Service, including against illegal use.
Nothing in this agreement shall exclude or limit the Administrator's liability for fraud, gross negligence, unlawful intent or for death or personal injury.
In the event of a breach of the contract by the User, they will be liable to the Administrator, its directors, board members, employees, affiliates, agents, contractors and licensors for all claims arising from this breach. The User will also be liable for any actions taken by the Administrator as part of an investigation into a suspected breach of this agreement or as a result of the Administrator establishing or deciding that a breach of the agreement has taken place.
The Administrator is not responsible for the data transmission fees incurred by the User in connection with their use of the Services.
§ 13 DISPUTE RESOLUTION
The User may use judicial and extrajudicial means of dealing with complaints and redress.
As part of out-of-court dispute resolution, it is possible to use, inter alia:
mediation conducted by voivodeship inspectorates of the Trade Inspection - in accordance with the procedure adopted by these entities,
arbitration courts - in accordance with the procedure adopted by these entities,
assistance from municipal (poviat) consumer ombudsman.
The User can also use the online dispute resolution system created by the European Union (https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false).
If, as a result of the complaint procedure, the dispute is not resolved, the Administrator will provide the User on paper or other durable medium with a declaration of consent or disagreement to participate in the procedure for out-of-court settlement of consumer disputes.
The entity authorized within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823, as amended) is the trade inspection (http://poznan.wiih.gov.pl).
§ 14 CONTACT
If nothing else results from the content of the Regulations, all notifications and information regarding the Application and Services may be made by the User at their discretion:
via the email address: contact@growwithjo.app,
in writing to the Administrator's address indicated in § 1 of the Terms and Conditions.
§ 15 USER DATA
Information on the protection of the User's personal data, comprehensive information obligation referred to in art. 13 of GDPR, are included in the Privacy and Cookies Policy.
§ 16 DIGITAL CONTENT
Digital content provided to the consumer as part of the contract is confirmation of the contract, IMP, TP, training videos and Terms and Conditions, if the User decides to download it. The Administrator does not enter any software or data other than those listed above and the Privacy Policy and Cookies into the ICT system used by the User. The process of concluding contracts involves typical threats related to the use of the Internet for the purpose of data transmission. The ICT system used by the Administrator uses techniques customarily accepted on the market to ensure that the User concludes contracts in a way that prevents unauthorized access to the content of the message.
Necessary to access the digital content listed in paragraph 1 above is the User's fulfillment of the conditions specified in § 2 sec. 1 (a) to (f) of the Terms and Conditions.
The digital content listed in sec. 1 above are not protected against making changes. As a rule, the User may open this content and save it in a format other than the one in which the Administrator sent it. As a result of this, digital content may change, its properties may also change, and some information may be lost.
§ 17 APPLICABLE LAW
The agreement between the Administrator and the User is subject to the provisions of Polish law and will be interpreted in accordance with them.
These Terms and Conditions do not limit any consumer rights to protection that may be vested in the User under the mandatory provisions of the law in the country of their residence.
Polish courts are competent for all claims arising from the contract concluded between the User and the Administrator, as well as for any possible claims for tort and unjust enrichment that may arise in connection with the conclusion, performance or termination of such a contract. The jurisdiction of Polish courts established in this way is non-exclusive and does not violate the provisions providing for other grounds of jurisdiction, in particular, it does not deprive the User who is a consumer of the right to bring an action in courts other than those mentioned above.
The United Nations Convention on the International Sale of Goods does not apply to the contract.
§ 18 CHANGES TO THE TERMS AND CONDITIONS
The Administrator may change the Terms and Conditions at any time for important reasons. Such reasons may include, in particular: the need to adapt the content of the Terms and Conditions to the current or coming into force legal provisions, changes introduced to the Google Play Store regulations, the need to adapt the Terms and Conditions to changing market conditions or changes in the method of providing Services by the Administrator. Amendments to the Terms and Conditions are effective from the moment of publishing the new content of the Terms and Conditions, however, contracts for the Services concluded before the amendment to the Terms and Conditions will be implemented on the current terms. The amendment to the Terms and Conditions makes the automatic renewal, referred to in § 3 sec. 2 of the Terms and Conditions, impossible.
The Administrator may at any time correct ordinary typing and editorial errors in the Terms and Conditions. Simple typing or editorial errors are errors which do not affect the rights and obligations of the parties. Such a correction does not constitute a change to the Terms and Conditions within the meaning of paragraph 1 above. The correction is valid from the moment of publishing the corrected content of the Terms and Conditions, contracts for Services concluded before the rectification of the Terms and Conditions will be implemented on the new terms.
Conclusion of a new contract regarding the Services by the User in the event of changes to the Terms and Conditions is possible after accepting the new content of the Terms and Conditions. The new content of the Terms and Conditions will be available https://app.growwithjo.app/terms-of-service and will be presented for the User's approval before placing the first order after changing the Terms and Conditions.
Purchase in website
Terms and Conditions for using the growwithjo mobile application from 1 April 2022.
§ 1 DEFINITIONS
All terms with a capital letter in this document have the meaning assigned to them below:
Administrator
DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company with a registered office in Poznan (60-702), Poland, Głogowska 31/33, entered in the register of entrepreneurs of the National Court Register under No.0000679107, the company’s registration file is currently maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register statistical number (REGON) 302447233 and tax identification number (NIP) PL7792414027Application
software distributed by or with the consent of the Administrator, which works on Mobile Devices and enables the use of ServicesTerms and Conditions
these terms and conditions for using the Grow with Jo mobile applicationUser
a natural person who has the full capacity for legal activities who installed the Application on their Mobile DeviceSubscription
the amount of money paid for by the User for the use of Services available in the ApplicationTraining Plan (TP)
a service consisting in providing a training plan to the User; as part of the service, the User also gets access to training videos via the ApplicationIndividual Meal Plan (IMP)
a service consisting in preparing a meal plan and making this plan available to the UserAccess
a service consisting in providing by the Administrator contents related to TP or IMP through the Application and sending notifications and making the User’s account available
Services
Access and TP or IMP
Mobile Device
portable electronic device connected to the Internet using wireless technology (3G, LTE, Wi-Fi) with the iOS or Android operating system
§ 2 PRELIMINARY PROVISIONS
The present Terms and Conditions regulate the terms and conditions of the use of the Services by the User, which are provided by the Administrator through the Application, including in particular the terms and conditions for concluding contracts relating to TP, IMP or Access.
Using the Application is equivalent to acceptance of these Terms and Conditions.
Terms and Conditions, content included in the Application, TP and IMP are works and may not be distributed or used by other entities without the consent of the Administrator expressed in writing, under pain of nullity.
These Terms and Conditions are made available free of charge in the Application in a way that allows its downloading, saving and printing.
§ 3 TECHNICAL CONDITIONS FOR THE USE OF THE SERVICES
Services are available through the Application. Technical conditions for the use of the Application are important for its proper functioning, display in the Application as well as for the security of the data transmitted.
In order to use Services properly, the following are necessary:
internet connection
having an active and properly configured email account
installed iOS operating system (13 or later) or Android (8.0 or later)
downloading and installing the Application
Using the Services and downloading and using the Application may involve the User's obligation to pay fees to third parties, such as mobile operators or Internet providers. The Administrator is not responsible for the amount of fees imposed on the User by third parties.
§ 4 REGISTRATION
Registration is free and voluntary but necessary to use the Services through the Application.
The registration procedure and creation of the User's account takes place by filling in the purchase form of the selected Subscription in the Application on the Mobile Device.
Acceptance of the Terms and Conditions requires clicking on the checkbox visible during registration.
After completing the registration form and making a notification by a potential User, the Administrator creates a User account. Then, the Administrator sends a message to the User to the e-mail address indicated during the registration with instructions on activating the User's account. Upon the activation of the User's account, registration is complete.
§ 5 CONCLUSION OF CONTRACT CONCERNING SERVICES
Through the Application, the User may conclude a contract regarding the Services by following the instructions provided in the Application. For the avoidance of doubt, it is indicated that the contract may apply only to TP or only to IMP or TP and IMP jointly. Access is always subject to the Agreement.
After the end of the subscription period selected by the User, the Service is automatically extended on current terms for the next subscription period corresponding to the subscription period chosen initially by the User. If the User does not want the Service to be prolonged for subsequent subscription periods, he should follow the instructions available in the application - Profile section or after contact on contact@growwithjo.app
For the duration of the purchased Service, through the Application, the User will have access to the contents of TP or IMP, as appropriate, depending on the Service purchased, in particular:
a test that allows you to personalize TP and/or IMP for a specific User
training sets within TP
meal sets within IMP
a shopping list within IMP.
For the duration of the purchased Service, the User will receive by email information on the use of TP or IMP, respectively, depending on the Service being the subject of the concluded contract.
Upon confirmation of the purchase by the User using the native view of the App Store (with confirmation and verification of identity using FaceIT [face scan using infrared], TouchID [fingerprint scan] or password) or Google Play (with confirmation and verification of identity using fingerprint or password), a contract is concluded between the User and the Administrator, the object of which is TP or IMP and Access.
Immediately after the conclusion of the contract, the Administrator will send confirmation of the conclusion of the contract to the email address of the User.
TP or IMP will be made available to the User immediately, but no later than within 48 (forty-eight) hours after the User has completed and sent in the test allowing the personalization of TP or IMP. The personalization test will be made available to the User in the Application on the Mobile Device.
The Administrator can introduce additional services, the use of which will be payable separately. In this case, however, the use of an additional service will require a separate order, the terms of which, including the price, will be provided in the Application.
The user can indicate a specific TP/IMP start date. However, this does not affect the duration of the Access.
The User's failure to perform activities allowing the generation of IMP or TP also does not affect the duration of the Access.
Particular TP/IMP cover a period that can be extended after fulfilling the temporary special offer criteria with the number of days of free access indicated each time.
Access can be purchased for longer than one IMP. In this case, the User is obliged to provide, in accordance with the information sent via the User's account, measurements allowing preparation of meal plans for subsequent periods. If the User does not observe the deadline for sending measurements, a new IMP will not be generated until the measurements are completed. The fact that IMP is not generated for the reasons specified in the previous sentence shall not result in an extension of the Access.
The Administrator stores the IMPs within the Users' accounts for a maximum of 6 (six) months from the day they are made available to the User. After this period, IMPs are removed.
The Administrator does not provide for the possibility of making breaks between individual TPs or IMPs if Access is purchased for a period longer than one TP or IMP.
§ 6 PAYMENTS
The subscription amount includes either TP or IMP and Access, where:
the amount due for PT or IPD is 95% of the value of the Subscription, whereas if the subject of the contract is both TP and IMP, it is assumed that these services are of equal value;
the amount due for Access is 5% of the Subscription value.
The amount of the subscription is the gross amount. The Administrator does not charge any additional fees for access to TP or IMP.
The administrator allows you to use various Payment Methods. The list of currently accepted Payment Methods is available in the Application. In the case of using the agency of PayU, Stripe and other online payment operators, it may be necessary for the User to accept the regulations for the provision of such services by the given entity.
In order to receive a VAT invoice for the service provided, the User should inform the operator of the store through which he made the purchase of the desire to obtain it and send the data necessary to issue a VAT invoice.
§ 7 WITHDRAWAL FROM THE CONTRACT
If the purchase was made in the App Store, in order to withdraw from the contract, go to https://support.apple.com/en-gb/HT202039 and log in to the iCloud account from which you made the in-app purchase. Next:
find the growwithjo application on the shopping list
click on the "Report a problem" button
select "I want to cancel this purchase"
click the "Cancel purchase" button.
If the purchase was made in the Google Play store, in order to withdraw from the contract, please follow the instructions on the following page: https://support.google.com/googleplay/answer/2479637#apps
The User has the right to withdraw from the contract within 14 (fourteen) days from the date of its conclusion, without giving a reason, by submitting a declaration directly to the Administrator. In addition, the User has the right to withdraw from the contract in the part concerning the last subscription period by which the contract was automatically extended in accordance with § 5 section 2 of the Terms and Conditions, within 14 (fourteen) days from the last automatic renewal of the contract for the next subscription period.
To comply with the deadline for withdrawal, it is enough to send the declaration before its expiration.
Withdrawal from the contract takes place by submitting the declaration. The declaration may be submitted in any form, e.g. by a written statement sent to the Administrator's address indicated in § 1 or electronically via the contact form in the Application.
The User may use the model declaration attached to these Terms and Conditions, which can be downloaded here.
In the event of submitting a statement of withdrawal in electronic form, the Administrator will promptly confirm the receipt of such a statement.
The Administrator shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the User all payments made by her/him, excluding the costs of return shipment.
The payment will be returned with the same method of payment as used by the User. If the accepted method of payment is difficult or impossible, the Administrator will contact the User in order to agree on a different method of return, which will not involve any costs for the User.
§ 8 COMPLAINT
Complaints about TP, IMP or other services provided by the Administrator and regarding the functioning of the Application should be reported via the Application's digital distribution platform or via the communication channels indicated in § 12 of the Terms and Conditions.
A complaint should contain at least:
identification of the User submitting the complaint (at least the email address used to log in to the User's account)
indication of the circumstances that constitute the basis for the complaint (e.g. no login)
indication of the expected method of settling the case (eg extension of the access period, refund of the price).
The Administrator shall handle the complaint within 14 (fourteen) days from the date it was filed. If the complaint does not contain the data indicated in § 8 section 2 of the Terms and Conditions or additional data is necessary to handle the complaint, the Administrator will ask the User to complete it, not later than within 5 (five) days from the date the complaint was made.
The Administrator provides answers as to how to settle the complaint to the email address assigned to the User's account unless the complaint contains a different email address to which the reply should be sent.
§ 9 COMPLIANCE AND RESULTS
The TP and IMP are prepared by the Administrator based on a limited amount of information about the User. The Administrator has no medical history or results of the User's medical examinations, in particular, the Administrator has no data as to medical recommendations regarding User's diseases or injuries, User's allergies and User's reduced absorption of specific products, hence, before using the Application, the User should consult a doctor about the risk and possibility of using the Application by a particular User.
The multitude of factors affecting the effectiveness of TP and IMP causes that the Administrator does not guarantee that the use of the Application will bring the intended result or will not cause unwanted side effects. In the event of side effects, one should discontinue the use of the Application and consult a physician. The Administrator is not responsible for any type of injuries and diseases resulting from the use of the Application. USERS USE THE APPLICATION AT THEIR OWN RISK, WHICH DOES NOT EXCLUDE THE ADMINISTRATOR'S POSSIBLE LIABILITY PROVIDED FOR BY LAW.
The effects of using the Application by different Users may vary.
The application is not intended for children and adolescents up to 18 years of age, pregnant women, women up to 12 weeks after delivery, breastfeeding women (applies only to meal plan). People with any diseases (including acute and chronic conditions, eg heart disease, osteoarticular diseases, diabetes, cancer, kidney and liver disease, people who have suffered injuries and surgery) or injuries or ailments before should consult their physician should consult their physician before they start using the Application.
The application is not a source of medical knowledge and the information contained therein is not medical advice and can not be treated as a substitute for consulting a doctor, dietitian or physiotherapist.
The Administrator does not have information about the health of the Users and therefore does not control it. Users should take care of their health on their own, which includes undergoing appropriate medical examinations.
IMP is intended for physically active people with a maximum caloric demand of 3200 kcal, but it is not intended for people who do sport professionally or those who practice competitive sports. This meal plan does not take into account changes in dietary needs related to taking part in sports competitions, in particular the time of preparation for sports competitions, nutrition during competitions and during the period of return to normal nutrition after them. The Administrator notes that the requirements of individual sports disciplines, the health status of the User and other factors and parameters may affect the need to prepare a more individualized meal plan, which the Administrator does not provide.
§ 10 COPYRIGHT LAWS
The User acknowledges that the content made available as part of the Services is a work and is subject to copyright and copyright protection.
As part of the contract, the User does not acquire copyrights to the content provided as part of the Services. The User is only entitled to use the content provided as part of the Services on their own. In connection with the above, it is forbidden, in particular, both as regards TP and IMP as a whole and its parts:
providing and presenting TP and IMP to third parties, with the exception of the consultation referred to in § 9 sections 1 and 2 of the Terms and Conditions
publishing regardless of the form of publication
copying, reproduction for purposes other than private use.
The User agrees to exercise due care so that the contents of TP and IMP are not disclosed to unauthorized persons.
§ 11 RESOLUTION OF DISPUTES
The User may use court and out-of-court methods of dealing with complaints and redress.
The user may also use the online dispute resolution system created by the European Union https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false
If the dispute procedure is not resolved as a result of the complaint procedure, the Administrator will provide the User with a statement of consent or disagreement, in paper form or other durable media, to participate in the out-of-court resolution of consumer disputes.
§ 12 CONTACT
If nothing else results from the content of the Terms and Conditions, all applications and information regarding the Application and Services provided through it by the Administrator may be sent by the User following his/her choice:
via the contact form in the Application
in writing to the Administrator's address indicated in § 1 of the Terms and Conditions.
§ 13 PERSONAL DATA PROTECTION
The User’s personal data administrator is DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") limited liability company with a registered office in Poznan (60-754), Poland, Chełmońskiego Str. 8/4, entered in the register of entrepreneurs of the National Court Register under No.0000679107, the company’s registration file is currently maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register statistical number (REGON) 302447233 and tax identification number (NIP) 7792414027, email contact@growwithjo.app
Data Protection Officer at the Administrator is Mr Tomasz Gałczyński who can be contacted by email at dpo@DASILVA DIGITAL EMPIRE LLC ("GROWWITHJO") or by telephone on +48 533 411 806 or +48 795 660 190.
The Administrator requires the User to provide the following personal data in order to be able to conclude and duly perform the contract concluded with the User, and thus provide the Services:
email address
first name
surname
sex
weight
height
date of birth
the purpose of the meal plan (weight loss/ maintaining current body weight/ weight gain)
target weight
physical activity (rare / workouts X times a week).
If for some reason the User does not provide this personal data, the Administrator will not be able to conclude the contract with the User, and the User will not be able to use the Services.If required by law, the Administrator may require the User to provide other data necessary eg for accounting or tax reasons. Apart from these cases, providing data is voluntary.
The User's personal data will be processed for the following purposes:
providing the Services to be used by the User, the legal basis for this processing is that it is necessary for the Administrator to conclude a contract with the User and to perform it
managing and improving the Administrator's activities, which is understood in particular as management and improvement of the Service and Application, improvement of the Administrator's offer, detection of fraud and other malpractice as well as preventing them; the legal basis for this processing will be the legitimate interest of the Administrator
personalization of shared content, which means personalization of offers and advertising addressed to the user visible in the Application - in this case, depending on a particular situation, the legal basis for data processing may be the consent of the User or the legitimate interest of the Administrator
contacting and interacting with the User, what is meant by the answers to the queries addressed to the Administrator, comments, etc .; in this case, depending on the particular situation, the legal basis for data processing may be the consent of the User or the legitimate interest of the Administrator
resolving disputes, considering complaints or claims, which is understood as processing complaints, legal claims or disputes involving - in this case, depending on a particular situation, the legal basis for data processing may be that the processing is necessary for the contract, User consent or the legitimate interest of the Administrator.
The recipients of the User's personal data will be:
the Administrator’s employees
persons who cooperate with the Administrator on the basis of civil law contracts
providers of electronic payment services
suppliers providing IT and network infrastructure
providers of technologies used by the Application
accounting services providers
other entities as long as it is necessary to achieve the purposes of data processing.
if the law or public authority specifies that the Administrator must provide personal data or for the purposes of law enforcement
if the Administrator must provide personal data to establish, exercise or defend his rights (this includes sharing personal data with others to prevent fraud)
in the event of the company being restructured, sold or transferred (or part of it), for example in connection with a takeover or merger.
Each time, the smallest possible amount of User's data that is necessary for the purpose of data processing and the fulfillment of obligations incumbent upon the Administrator will be shared.
The User has the right to:
access to the content of his/her personal data
the right to correct it
delete it
restrict processing
transfer data
withdraw consent (if processing is based on it) at any time, without affecting the legality of the processing which was carried out on the basis of consent prior to its withdrawal.
The User also has the right to object to the processing of data whenever it is based on the legitimate interests of the Administrator. In particular, this applies to direct marketing in order to exercise his/her rights, the User should contact the Data Protection Officer.
The User has the right to lodge a complaint with the supervisory body, in particular in the Member State of his/her habitual residence, his/her place of work or the place of the alleged violation if he/she thinks that the processing of personal data regarding him/her infringes the law. The list of supervisory bodies is available under the link: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Personal data may be transferred and stored at a destination outside the European Economic Area ('EEA'). The data may also be processed by entities operating outside the EEA, which work for the Administrator or for one of its subcontractors. In this case, the Administrator ensures that the User's right to privacy is respected.
In such cases, the transfer to a third country usually takes place on the basis of:decision of the European Commission stating the appropriate level of protection, i.e. Commission Implementing Decision (EU) 2016/1250 of 12 July 2016, available under the link: https://eur-lex.europa.eu/legal-content/PL/TXT/PDF/?uri=CELEX:32016D1250&from=EN or another decision of the European Commission stating the proper degree of protection.
or if in this respect the appropriate level of protection has not been determined by the European Commission by way of decision, the data will be adequately protected by means of standard protection clauses as referred to in the Commission Decision of 5 February 2010 on standard contractual clauses concerning the transfer of personal data to entities which process data established in third countries under Directive 95/46/EC of the European Parliament and the Council, available under the link: https://eur-lex.europa.eu/legal-content/PL/TXT/PDF/?uri=CELEX:32010D0087&from=EN
The User may obtain a copy of personal data transferred to a third country. To do this, one should contact the Data Protection Officer.
Personal data will be stored for a period of time corresponding to the period of limitation of claims that may be raised by the Administrator and which may be raised against it. Unless a special rule provides otherwise, the period of limitation is ten years, and for claims for periodic benefits and claims related to running a business - three years.
Providing personal data by the User is a condition for the conclusion and implementation of the contract provided electronically. Without providing personal data, the conclusion and implementation of the contract will be impossible.
The Administrator will monitor the behavior of Users by analyzing, among other things, information about the User, such as shopping, meal plan type, its calorie content, etc. Profiling will not be used for automated decision making to the User. Profiling will be aimed at improving the services provided by the Administrator and their better customization to the needs of Users.
The service is not intended for children. Persons under 18 years of age can not use the Service and Application. The Administrator does not collect any personal data of persons who are under 18 years of age or allow them to use the Service and Application. If the Administrator notices that it has collected personal data of a person under 18 years of age, it will delete them immediately. If anyone has reason to believe that the Administrator could collect such personal data, the Administrator asks for immediate contact directly with the Administrator or the Data Protection Inspector.
Should the User have questions regarding the processing of personal data, the Administrator asks to contact the Data Protection Officer.
§ 14 DIGITAL CONTENT
The digital content provided to the consumer under the contract is confirmation of the contract, TP, IMP, training videos and Terms and Conditions, if the User decides to download it. The Administrator does not introduce software or data other than those mentioned above into the ICT system used by the User. The process of submitting contracts involves typical risks related to the use of the Internet for the purpose of data transmission. The ICT system used by the Administrator uses the usual techniques on the market which ensure that the User concludes agreements in a way that prevents unauthorized access to the content of the message.
In order to gain access to the digital content listed in section 1, the User must have:
device allowing access to the Internet
an active and properly configured email account
installed iOS operating system (13 or later) or Android (8.0 or later)
downloaded and installed Application.
The digital content mentioned in section 1 above is not protected against making changes. As a rule, the User can open this content and save it in a different format than the one in which the Administrator sent them. As a result of such operation, digital content may change, its properties may change, and some information may also be lost.
§15 AMENDMENTS TO THE TERMS AND CONDITIONS
The Administrator can change the Terms and Conditions at any time. Amendments to the Terms and Conditions are effective from the moment of publishing the new content of the Terms and Conditions in the Application, however, the agreements concerning the Services submitted before the change of the Terms and Conditions will be implemented on the current terms. The amendment of the Terms and Conditions causes that the automatic extension referred to in § 5 section 2 of the Terms and Conditions is impossible.
The conclusion of a new contract regarding Services by the User, in the event of a change to the Terms and Conditions, is possible after accepting the new content of the Terms and Conditions. The new content of the Terms and Conditions is available in the Application and will be presented to the User's acceptance before placing the first order after the change of the Terms and Conditions unless the new content of the Terms and Conditions has been accepted by the User by that time.