PREAMBLE
These App Terms and Conditions (the “Terms”) govern the relationship between Morgal FB LLC, operating under the commercial name “Alentia” (“Alentia”, “we”, “us” or “our”), a limited liability company organised under the laws of Delaware, United States, with its registered address at 1521 Concord Pike, Suite 201, Wilmington, Delaware United States 19803 and tax identification number 41-5289993 (the “Provider”), and any natural person who downloads, installs, accesses, registers with or otherwise uses the Alentia application (in any of its forms, whether mobile or web-based) (the “App”) or any associated functionality (each, a “User”, “you” or “your”). These Terms also govern access to the Services through any third-party messaging channel expressly made available by the Provider, including ALIA on WhatsApp.
By clicking “I agree” (or a similarly labelled button) and ticking the acceptance box presented during onboarding, creating an Account, accessing the App or using any feature, you confirm that you have read, understood and accept these Terms, together with our Privacy Policy (the “Privacy Policy”), which is incorporated by reference into these Terms. If you do not accept these Terms, you must not create an Account, access or use the App.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
BY CLICKING “I AGREE” OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS WHEN REGISTERING, AND BY ACCESSING OR USING THE APP, SERVICES, OR CONTENT, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY PORTION OF THE APP, SERVICES, OR CONTENT (AS DEFINED BELOW).
These Terms, the Privacy Policy and, if applicable, any applicable order confirmation form a binding contract between you and the Provider.
1. DEFINITIONS
For the purposes of these Terms, capitalised terms have the meanings given below:
1.1 “Account” means the personal user profile that enables access to the App.
1.2 “AI Features” means features of the App that generate outputs using third-party artificial intelligence models, including the AI chat assistant, meal and training planning, the meal image analysis feature and AI-assisted workout tracking.
1.3 “App” means the Alentia service in any of its forms, whether accessed through a mobile application (iOS, Android or any future platform) or through any web-based version made available by the Provider (including any progressive web app or browser-accessible version of the service), and any updates, upgrades, patches, modifications and related functionalities made available through it.
1.4 “Consumer” means a User acting outside the scope of their trade, business, craft or profession within the meaning of applicable European Union (EU), United Kingdom (UK), United States (U.S.) or other applicable consumer protection legislation.
1.5 “Content” means all information, text, data, images, audio, video, software, algorithms, formulas, databases, templates, interfaces, visual designs, graphics and other materials made available through the App.
1.6 “Standard Subscription and Premium Subscription” refer to the paid tiers of the App unlocking additional functionalities as described in the App and in Section 8.
1.7 “Privacy Policy” means our privacy policy of the App, available within the App and on the Website.
1.8 “Services” means, collectively, the App and all functionalities made available through it or through an authorised channel described in these Terms, including the free tier, Standard Subscription, and the Premium Subscription.
1.9 “User Content” means information, data, inputs, meal images, text or chat messages, feedback and any other content submitted by you to the Services, including data imported at your request from a connected service.
1.10 “Website” means the informational and promotional Alentia website at https://alentia.app and any other domain operated by the Provider referring to the App, excluding any web-based version of the App itself, which forms part of the "App" as defined above.
2. DESCRIPTION OF THE SERVICE
2.1 Nature of the Services. The Services are an informational, lifestyle and general wellness tool designed to help generally healthy adult Users organise their everyday nutrition, hydration and physical activity habits. The Services are intended exclusively for general well-being, fitness and lifestyle support.
2.2 The Services are not a medical device, a medical treatment, a medical tool, a clinical tool, a diagnostic instrument, a therapeutic product or a healthcare service, or similar product or service. The Services do not provide medical, healthcare, dietetic, psychological or any other professional advice and are not intended to diagnose, cure, mitigate, treat or prevent any disease, disorder, condition, symptom or injury. The Services do not replace the judgment of a qualified healthcare professional.
2.3 Key functionalities. Subject to the tier you use, the App may include:
(a) algorithm-based general daily targets for calories and macronutrients, calculated from widely published scientific estimation formulas applied to data you provide;
(b) template-based illustrative weekly menu and workout suggestions, generated from structured templates designed by qualified nutrition and fitness professionals;
(c) a food database compiled from published nutritional composition sources, used to display indicative nutritional values of common foods, barcode-based product information, processing classifications (such as NOVA) and fullness indicators;
(d) a meal image analysis feature that, using third-party AI models, attempts to identify foods shown in a photograph and to estimate their nutritional values;
(e) an AI chat assistant (ALIA) restricted by design to general nutrition, general wellness and general fitness topics;
(f) progress-tracking tools for weight, meals, water intake and training sessions;
(g) periodic automated recalibration of daily targets, based on information you log or choose to import, including sleep, fatigue, mood and menstrual-cycle inputs.
2.4 General information only. All outputs of the Services, including daily targets, menu suggestions, workout suggestions, chatbot responses, image analysis results and progress statistics, are provided solely for general informational and general wellness purposes. They are non-binding informational suggestions.
2.5 Availability and evolution. The Services are provided on an “as available” basis. We may change, suspend, limit or discontinue the Services or any feature at any time, with or without notice, subject to Consumers’ mandatory legal rights. New features may require additional disclosures, consents or acceptance of updated Terms, in particular where they involve integrations with third-party health or fitness devices or services, or where they process new categories of inputs.
2.6 Wellness inputs and plan adaptations. Wearable metrics, including heart-rate variability (HRV), recovery and strain scores, and sleep, fatigue, mood and menstrual-cycle inputs are used for general wellness suggestions only. Scores and cycle-phase estimates may be incomplete or inaccurate and are not assessments of physical readiness, mental health, fertility or medical condition. Cycle-based suggestions must not be used for contraception or decisions about conception. The Services do not provide clinical monitoring, crisis detection or alerts to healthcare professionals or emergency contacts. A favorable score or adjusted plan is not clearance to exercise. Where the App requests information about previous or chronic injuries, it is used only to adapt general exercise suggestions; this is not injury assessment, treatment or rehabilitation and does not override Sections 3.3, 4.3 and 7 below.
2.7 Food information. Barcode results, processing classifications, fullness indicators, recipes and food combinations are informational and may not reflect the current formulation or packaging of a product. They do not establish that a food is suitable for your individual needs or free from allergens. Check the actual product label, ingredients, allergen information and preparation instructions before purchase or consumption; do not rely on a scan, score or suggestion as an allergy or intolerance check.
2.8 Video-assisted exercise. Where offered, AI workout tracking uses camera inputs to estimate movements and provide automated technique suggestions. Camera angle, lighting, obstructions, equipment and processing delays may affect the results. It may miss incorrect or unsafe movements and does not provide professional supervision or certify that an exercise is safe. Use a suitable exercise space, remain within your abilities and follow the stop and seek help guidance described in Section 7.3 below.
3. ELIGIBILITY
3.1 Adult users only. The Services are strictly reserved for natural persons aged eighteen (18) years or older. By creating an Account and using the Services you expressly represent and warrant that you are at least 18 years old and that you have full legal capacity to enter into a binding contract.
3.2 No use by minors. The Services are not directed at and must not be used by any person under the age of 18. We will terminate the Account of any User whom we reasonably believe to be under 18.
3.3 Generally healthy adults. The Services are designed for generally healthy adults seeking general lifestyle, fitness and nutritional information. The Services are not designed for, and must not be used as a substitute for, professional supervision by any person who:
(a) has or suspects any medical, metabolic, cardiovascular, endocrine, gastrointestinal, renal, hepatic, immunological or psychological condition (including without limitation diabetes, hypertension, kidney or liver disease, thyroid disorders, coeliac disease, any form of eating disorder or history of disordered eating, food allergies or intolerances, or any chronic or acute illness);
(b) is pregnant, breastfeeding, or planning pregnancy;
(c) is under any medication, hormonal, psychological or medical treatment;
(d) is underweight, severely overweight, or otherwise in a state in which changes to caloric intake or physical activity should be supervised by a qualified professional;
(e) is recovering from surgery, injury or any acute condition.
If any of the above applies to you, you must consult a qualified healthcare professional before using the Services, and you must rely on their supervision rather than on the App. For the avoidance of doubt, the absence of any of the circumstances listed above does not imply that professional advice or supervision is unnecessary: the Services are an informational lifestyle and wellness tool, never a substitute for professional medical, dietetic, psychological or fitness advice, and you are always encouraged to consult a qualified professional before starting, modifying or intensifying any dietary regime, hydration pattern or physical activity programme. The disclaimers in Section 7 apply to all Users at all times.
3.4 Compliance with local law. You are responsible for ensuring that your use of the Services complies with all laws applicable to you, including in your country of residence.
4. ACCOUNT CREATION AND SECURITY
4.1 Registration. To use the Services you must create an Account. Registration may be completed (i) with an email address and a one-time verification code, or (ii) via social login through Google, Apple or Facebook (OAuth). When using a social login, you authorise the relevant identity provider to share with the Provider the limited profile information required for registration.
4.2 Accurate information. You agree to provide accurate, current and complete information during registration and to keep it up-to-date at all times. You acknowledge that outputs generated by the Services depend entirely on the data you submit, and that inaccurate, incomplete or misleading inputs will result in inaccurate or unsuitable outputs.
4.3 Health warning acknowledgement. DURING ONBOARDING YOU ARE REQUIRED TO ACKNOWLEDGE A HEALTH WARNING IDENTIFYING CONDITIONS INCOMPATIBLE WITH USE OF THE SERVICES. BY CONTINUING PAST THAT STEP YOU REPRESENT AND WARRANT THAT NONE OF THE LISTED CONDITIONS APPLY TO YOU, OR THAT YOU HAVE OBTAINED PRIOR CLEARANCE FROM A QUALIFIED HEALTHCARE PROFESSIONAL. THIS ACKNOWLEDGEMENT IS A CONTINUING REPRESENTATION FOR AS LONG AS YOU USE THE SERVICES; YOU MUST STOP USING THE SERVICES AND CONSULT A QUALIFIED PROFESSIONAL IF YOUR CONDITION CHANGES.
4.4 Account security. You are responsible for safeguarding your credentials and for any activity under your Account. You must notify us without undue delay at [email protected] of any unauthorised access or suspected security breach.
4.5 One Account per User. Each User may hold only one Account. Accounts are personal and non-transferable.
5. USE OF THE SERVICES
5.1 Licence. Subject to your compliance with these Terms, the Provider grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to (i) install and use any mobile version of the App on a device you own or control; and/or (ii) access and use any web-based version of the App through a supported browser or progressive-web-app installation on a device you own or control, in each case to use the Services for your own personal, non-commercial lifestyle purposes. You may also access the Services through authorised messaging channels as described in Section 6.10 below and use the sharing and referral functions expressly permitted by these Terms.
5.2 No professional or commercial use. You may not use the Services, or any output of the Services, (a) to provide, resell or repackage any service to third parties; (b) in connection with any professional advisory activity (including medical, clinical, dietetic, nutritional counselling, psychological, coaching or personal training services provided by you to third parties); or (c) as input for any competing service, benchmark, or training of any artificial intelligence or machine learning model. Organisational access is addressed in Section 5.9 below; participation in an authorized referral program under Section 8A below is only permitted subject to compliance with its rules.
5.3 Device and connectivity. You are responsible for the device, operating system, internet connection, app-store account and any other element required to access the Services, and for any fees charged by your mobile operator or app store.
5.4 Updates. We may publish updates to the App. Some updates may be required for continued access to the Services. Your Consumer rights in respect of digital content and digital services, including rights relating to updates and conformity, are preserved.
5.5 Fair-use and rate limits. The Provider may apply daily usage limits, rate limits and fair-use thresholds to any feature of the Services, including the AI chat assistant and any other AI Feature. Such limits may differ by tier (Standard or Premium Subscription) and may be adjusted from time to time to protect the availability, security and sustainability of the Services and to discourage abusive or compulsive usage patterns. The specific limits applicable at any given time are those described in the App.
5.6 External sharing. You may use the sharing tools provided by the App to share your selected achievements and milestones on external social networks. Check the information and audience before sharing. You must have the rights and permissions required for any material you share. The receiving service's terms apply to that publication, and removing information from Alentia does not necessarily remove external copies.
5.7 Template-based posts and reactions. The internal feed allows Users to share activity updates using only the predetermined post templates provided in the App. Posts are visible only to friends individually admitted by the User to a closed private group, and are not made available to all App users or to the public through the internal feed. Those friends may react using predefined reactions. Free-form posts, free-text comments and other forms of posting outside those templates are not supported. Before sharing, check the information included and the friends to whom it will be visible
5.8 Private leagues and tournaments. Participation is optional and limited to friends individually selected and admitted to a closed group; participation and results are not published to the public by this feature. Before joining, you will be shown the scoring criteria, duration, tie-breaking rules, any rewards and the information visible to group members. You may leave through the group controls; the rules shown before joining will explain the effect on your results and any rewards. Leaving does not erase copies already seen or saved by other participants. Rankings reflect recorded inputs and may be affected by device differences, missing data or synchronisation errors; they do not certify fitness, health or the suitability of a training or nutritional approach. Do not manipulate results or undertake unsafe activity to improve your ranking. We may correct verified errors or exclude fraudulent entries.
6. AI SPECIFIC PROVISIONS
6.1 Use of third-party AI models. Certain features of the Services, including food photo analysis, suggestions, the ALIA chat assistant and plan generation, rely on third-party artificial intelligence models. Google (Gemini API) is our primary AI provider. OpenAI (API) is configured as a possible fallback provider but is not active and does not process User data in that version. Further information about these providers and the data they process is set out in the Privacy Policy. We do not train, fine-tune or otherwise modify any AI model on your data, and the applicable commercial API terms of those providers do not permit the use of your data to train their general-purpose models.
6.2 Nature of AI outputs. Outputs generated by AI Features (including suggestions, answers, food identifications, nutritional estimations and any other generated text or values) are produced by probabilistic systems. They are generated automatically, without human review at the moment of generation. They may be incomplete, inaccurate, outdated, inconsistent or unsuitable for your specific situation; in particular, meal image analysis may misidentify foods, quantities or nutritional values.
6.3 No guarantee. To the maximum extent permitted by law, the Provider makes no representation or warranty of any kind, whether express or implied, regarding the accuracy, completeness, reliability, suitability, timeliness or fitness for purpose of any AI output. AI outputs are non-binding informational suggestions only.
6.4 No reliance for health decisions. You must not rely on any AI-generated output to make decisions relating to your health, nutrition, medication, training intensity, existing or suspected medical condition, or any other matter in which professional advice is required. Any such decision must be based on the judgment of a qualified healthcare or other professional.
6.5 Scope of the AI chat assistant. The AI chat assistant is restricted by design to general nutrition, general wellness and general fitness topics. It is not, and must not be used as, a medical adviser, psychological adviser, clinical dietitian, emergency-response service or any other form of professional adviser. Where the assistant detects a topic outside its scope (including medical symptoms, medication, mental-health crises, emergencies, disordered eating or extreme dietary practices), it is designed to refuse or redirect you to consult a qualified professional. You are solely responsible for interpreting outputs and for seeking appropriate professional help.
6.6 User responsibility regarding AI inputs. You must not submit to any AI Feature (i) identifiers or personal data of other persons, (ii) any special-category or sensitive personal data relating to third parties (each including as defined by applicable law), (iii) content that is unlawful, infringing or defamatory, (iv) any medical history, clinical diagnosis, list of medications or treatments, symptoms, laboratory, imaging or diagnostic results, genetic data, biometric data used for identification, mental-health records, or any other clinical or pathological information relating to you, beyond the general lifestyle, body-composition and activity inputs except for the limited lifestyle, body-composition, activity, sleep, fatigue, mood, menstrual-cycle and injury-related inputs specifically requested through designated App fields or authorised integrations for the purposes described in Section 2.6 above, or (v) any content intended to cause, elicit or facilitate medical advice, prescriptions or clinical guidance. You acknowledge that the Services, including the AI chat assistant and the meal image analysis feature, are not designed, or intended to assess clinical records or provide clinical advice. Do not submit medical records or additional clinical information in free-text chat. Providing requested inputs does not create any professional, advisory, medical or fiduciary relationship with the Provider.
6.7 Hallucinations and errors. Large language models may generate fabricated or inaccurate statements (commonly referred to as “hallucinations”) and image-analysis models may misrecognise foods, portions or nutritional values. You accept this inherent limitation and agree to treat all AI outputs with critical judgment.
6.8 Transparency. You acknowledge that you are informed that certain features of the Services are powered by artificial intelligence and that you interact with an automated system when using any AI Feature, including (i) the AI chat assistant, (ii) the meal image analysis feature, and (iii) the meal and/or training planning, as well as any other AI Feature that the Provider may introduce from time to time. Outputs of such AI Features are generated automatically by probabilistic models without human review at the moment of generation, and the content of your inputs (such as messages or meal photographs) is transmitted to the third-party AI providers solely to produce the requested output.
6.9 Storage of chat conversations. ALIA provides a rolling 24-hour conversation history in your Account. Each message is retained in that history for 24 hours from its timestamp, after which it is automatically removed and is no longer available there for review or as chat context. This is not a permanent archive and does not delete information you separately save to your profile or plans. This period concerns Alentia's conversation history, not copies held in your own WhatsApp account or other external systems. Any distinct retention for legal or security purposes is described in our Privacy Policy. Chat conversations are not shared with any third party for any purpose other than the operation of the Services, are retained in accordance with our Privacy Policy, and are not used to train any artificial-intelligence or machine-learning model, whether operated by the Provider or by any third party.
6.10 ALIA on WhatsApp. Where available, ALIA may be accessed through the designated WhatsApp channel, subject to the activation and Account linking steps shown to you. ALIA is Alentia's automated AI assistant, not a human adviser or WhatsApp's own AI service. This channel supports text messages only; Alentia does not interpret or transcribe voice notes through it. The limitations in Sections 6 and 7 of these Terms apply equally to this channel. Features, history synchronization and usage limits may differ from those in the App and will be described when you activate it. You may disconnect the channel using the instructions provided at activation or by contacting us. Disconnecting WhatsApp does not cancel your Subscription. Access also depends on WhatsApp's availability and applicable terms; our obligations and your mandatory rights in relation to the Services remain unaffected.
7. HEALTH AND SAFETY DISCLAIMER
7.1 No medical advice. THE SERVICES DO NOT PROVIDE MEDICAL, CLINICAL, THERAPEUTIC OR DIETETIC ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, NUTRITIONAL, DIETETIC, PSYCHOLOGICAL OR FITNESS ADVICE, DIAGNOSIS OR TREATMENT. No Content of the Services (including algorithmic targets, menu suggestions, workout suggestions, progress statistics, chatbot responses or image-analysis outputs) is intended to diagnose, cure, mitigate, treat or prevent any disease, disorder, condition, symptom or injury. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT ARE AT YOUR OWN RISK.
7.2 Consult a professional. Before starting any new dietary regime, fitness programme or lifestyle change, and particularly if you have or suspect any medical condition, you must consult a qualified healthcare professional. You must never disregard, delay or discontinue professional advice because of information shown by the Services.
7.3 Stop and seek help. You must stop using the Services and seek medical attention without delay if you experience any physical or psychological effect that may be associated with your use of the Services, including dizziness, fainting, chest pain, palpitations, unusual fatigue, dehydration or hyperhydration, digestive distress, excessive and/or rapid weight change, sleep disturbance, obsessive behaviours around food or exercise, signs of disordered eating or any psychological, mental or emotional distress, or any similar effect or symptom.
7.4 Emergencies. The Services are not designed or intended to respond to medical or psychological emergencies. In case of emergency, contact emergency services or a crisis helpline immediately.
7.5 Not for vulnerable users. The Services are not intended for persons who, for any reason, are in a vulnerable situation in which changes to caloric intake or physical activity may cause harm, including the categories listed in Section 3.3. If you are in such a situation, you must not use the Services except under the supervision of a qualified professional.
7.6 AI outputs. The disclaimers set out in this Section apply with particular force to AI-generated outputs. AI outputs are non-binding informational suggestions only and must not be acted upon for any health decision.
8. SUBSCRIPTION AND PAYMENTS
8.1 Tiers. The App is offered in (i) a Standard Subscription tier, paid and with limited functionality, (ii) a Premium Subscription, paid and with full functionality, and (iii) a free trial tier as described in the App. As used in these Terms, “Subscription” refers to either a Standard Subscription or Premium Subscription. The specific features available in each tier are those shown on the pricing screen at the time of purchase.
8.2 Free trial. The Provider may, from time to time and at its sole discretion, offer a free trial of the Standard and/or Premium Subscription. Where a free trial is offered, its duration, scope and conditions will be those disclosed in the App and in the applicable app-store listing at the time of sign-up. UNLESS YOU CANCEL BEFORE THE END OF THE FREE TRIAL, YOUR TRIAL WILL AUTOMATICALLY CONVERT INTO A PAID SUBSCRIPTION AND YOU WILL BE CHARGED THE PRICE, AND AT THE BILLING FREQUENCY, DISCLOSED TO YOU BEFORE YOU STARTED THE TRIAL. Where required by applicable law, we (or the applicable app store) will send you a reminder before the trial converts to a paid Subscription, together with information on how to cancel. Any free trial is reserved for new Users, is non-transferable, and is limited to one (1) free trial per User. The Provider may modify or discontinue any free-trial programme at any time, without prejudice to free trials already activated.
8.3 Automatic renewal. UNLESS EXPRESSLY STATED OTHERWISE, STANDARD AND PREMIUM SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE (as selected by you at sign-up from among the billing cycles offered by the Provider from time to time and disclosed in the App and in the applicable app-store listing) UNTIL YOU CANCEL. Renewal is charged at the price applicable to the selected plan at the time of renewal, using the payment method on file. Each renewal term equals the initial term. Before you subscribe, the App will state (i) that the Subscription will continue until you cancel; (ii) the amount (or range of amounts) that will be charged and any change in price after a trial or promotional period; (iii) the frequency of charges; (iv) the length of any automatic renewal term; and (v) how to cancel. By subscribing, you give your express affirmative consent to automatic renewal pursuant to these Terms, and we (or the applicable app store) will provide you with an acknowledgment that includes these terms and cancellation information in a form you can retain. Where required by applicable state law, we will send you a notice before any renewal of a Subscription with an initial term of one year or longer, and before any material change to the renewal terms.
8.4 Billing and payments. Standard and Premium Subscriptions are purchased exclusively through the Apple App Store or Google Play Store. Payments are processed through the billing system of the app store where you purchase your Subscription, subject to its applicable payment terms. We use RevenueCat for the technical management of Subscriptions. Alentia does not offer purchases through other payment channels or third-party financing.
8.5 Cancellation. You may cancel the automatic renewal of your Standard or Premium Subscription at any time, online and without having to contact a representative, through the subscription-management interface of the app store where you purchased it. Cancellation takes effect at the end of the current billing period; you retain access to the features included in your purchased Subscription until that date, and no further renewal charge will be made. This does not affect your mandatory withdrawal, termination or refund rights.
8.6 No partial refunds. Except where required by applicable law, no pro-rata or partial refund is due for the unused portion of a paid Subscription period. Refund requests may be submitted through the app store where you purchased your Subscription and are handled under that app store’s applicable refund procedures and policy, subject always to your mandatory Consumer rights. You may also contact us at [email protected] for assistance or to exercise your statutory rights, including the right of withdrawal described in Section 8.8 below. Nothing in these Terms or any app-store policy excludes or limits those rights.
8.7 Price changes. We may change Subscription prices for future renewal periods by giving you reasonable prior notice in accordance with applicable law, including any advance notice period required by applicable state automatic-renewal laws. Where applicable law requires your affirmative consent to a price increase, the new price will not apply until you have given that consent. If you do not accept the new price, you may cancel before it takes effect.
8.8 EU Consumer right of withdrawal. If you are a Consumer resident in the European Economic Area and you purchase a paid Standard or Premium Subscription, you have a right of withdrawal of fourteen (14) calendar days from the conclusion of the contract, without giving any reason.
(a) Exercise. To exercise the right of withdrawal you must inform us of your decision by an unequivocal statement (for example by email to [email protected]). You may use a statement similar in substance to the model form set out in Schedule 1.
(b) Immediate performance. By purchasing a Standard or Premium Subscription and, where applicable, by activating your free trial or the paid service before the end of the withdrawal period, you expressly request that performance begins during that period and you acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you withdraw before full performance, you shall pay an amount proportionate to the services supplied up to the moment you communicated your withdrawal.
(c) Reimbursement. If you validly withdraw, we (or the app store where you purchased the Subscription) shall reimburse any amount due using the same means of payment used for the original transaction, unless you have expressly agreed otherwise.
8.9 Taxes. Prices displayed in the App include applicable value-added tax unless stated otherwise. For Users in the United States, prices may not include applicable sales, use or similar taxes, which will be calculated and disclosed before you complete your purchase. You are responsible for any other tax or levy applicable to you.
8A. LOYALTY AND REFERRAL PROGRAMS
8A.1 Program rules. Where offered, activity in the App or qualifying referrals may earn points or other benefits. Before participation, the App will explain the eligible activities or referrals, attribution method and period, reward, validation requirements, limits, expiry and redemption conditions. A referral qualifies only when the stated conditions are met. Any requirement for a purchase to remain uncancelled or unrefunded will be disclosed before participation. Any applicable loyalty program rules supplement these Terms and do not override mandatory rights.
8A.2 Points and partner benefits. Loyalty points are promotional, cannot be purchased or transferred between Users and cannot be redeemed for cash. They may be exchanged only for the benefits offered through the program. The relevant partner, points required, availability, expiry, territorial restrictions and any minimum purchase or additional payment will be shown before redemption. The partner supplies its goods or services under the terms disclosed for that benefit; we remain responsible for our administration of the program and our own commitments. Contact us about points or redemption errors. Where a redemption fails without your fault, we will restore the points or provide an equivalent remedy, without limiting any mandatory rights.
8A.3 Referral conduct. Use only the referral tools or codes provided for that purpose and share them lawfully and in accordance with any applicable program terms.
8A.4 Errors and misuse. We may correct demonstrable errors and withhold or reverse rewards that do not meet the disclosed conditions or result from fraud or misuse. We will explain the reason and provide a way to contest an error as described in Section 10.4 below. A technical attribution problem may be reported to us for review; our records are not conclusive against your mandatory rights.
8A.5 Changes, closure and Account deletion. Material changes to earning or redemption rules, or closure of a program, will be notified to you in advance. Changes will not retrospectively remove validly earned benefits. If a benefit becomes unavailable, we will provide a reasonable alternative or a reasonable opportunity to redeem accrued points, subject to mandatory rights. Applicable expiry rules must be disclosed before points are earned. Fraudulent rewards may be removed pursuant to Section 8A.4 above.
9. INTELLECTUAL PROPERTY
9.1 Ownership. All intellectual property and industrial property rights in and to the Services and the Content (including the App, the food database, the nutrition and training algorithms, menu and workout templates, videos, music, artwork, sound recordings, audio and visual clips, databases, software, visual designs, interfaces, text, graphics, icons, trademarks, trade names, logos, commercial names and software, and other materials contained therein) as well as the compilation, collection, design, selection, structure, selection, coordination, expression, overall “look and feel”, and arrangement of such Content) are and shall remain the exclusive property of the Provider or its licensors. Nothing in these Terms transfers any such right to you. For the avoidance of doubt, “Content” does not include any features or services made available through third party websites. You acknowledge that the Services, Content, and App are proprietary to Provider and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the Services, Content, or App by accessing or using them. All rights not expressly granted to you in these Terms are reserved and retained by Provider.
9.2 Licence to use. Subject to your compliance with these Terms, the Provider grants you the limited licence set out in Section 5.1.
9.3 Trademarks. “Alentia” and all associated names, logos and marks are trademarks of the Provider. You may not use them without our prior written consent.
9.4 User Content. You retain all rights in User Content you submit to the Services. By submitting User Content, you grant the Provider a worldwide, non-exclusive, royalty-free, sublicensable licence (to the extent necessary for the operation of the Services, including the use of our subprocessors) to host, store, reproduce, adapt, display and transmit such User Content solely to operate, provide, maintain, troubleshoot, improve and secure the Services for you, and to comply with legal obligations. We do not use User Content to train AI models, and we do not make User Content available to AI providers for such purposes. Where you choose a sharing or group feature, this licence includes displaying the information you select to the audience identified for that feature, in accordance with your instructions and applicable data protection requirements.
9.5 Feedback. If you submit suggestions, ideas, feedback or improvement proposals regarding the Services (“Feedback”), you grant the Provider a perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable licence to use, exploit and incorporate the Feedback into the Services or any other product or service, without compensation or attribution.
9.6 Reservation of rights. Any use of the Services or Content not expressly authorised by these Terms is prohibited.
9.7 Copyright infringement notices (DMCA). We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). If you believe that material available through the Services infringes your copyright, please send a written notice to our designated copyright agent identified below that includes: (a) a physical or electronic signature of the copyright owner or a person authorised to act on its behalf; (b) identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notice, a representative list of such works); (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it within the Services; (d) your name, address, telephone number and email address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner.
9.8 Counter-notification. If material you submitted to the Services was removed or disabled in response to a DMCA notice and you believe in good faith that it was removed as a result of mistake or misidentification, you may send a counter-notification to our designated copyright agent that includes: (a) your physical or electronic signature; (b) identification of the material that has been removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which the Provider may be found), and that you will accept service of process from the person who provided the original notice or an agent of such person. Upon receipt of a valid counter-notification, we may restore the removed material in accordance with applicable law unless the complaining party notifies us that it has filed an action seeking a court order to restrain the alleged infringement.
9.9 Repeat infringers and misrepresentations. In appropriate circumstances, we will disable or terminate the Accounts of Users who are repeat infringers. Under applicable U.S. law, any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.
9.10 Designated copyright agent. Notices and counter-notifications under this Section should be sent to: Copyright Agent, Morgal FB LLC (operating as “Alentia”), 1521 Concord Pike, Suite 201, Wilmington, Delaware 19803, United States; email: [email protected]; and telephone: +34 626 45 41 52.
10. ACCEPTABLE USE
10.1 You agree not to, and not to allow any third party to:
(a) use the Services for any unlawful, fraudulent, unauthorized, harmful or abusive purpose, or any purpose other than as intended;
(b) use the Services in any manner contrary to the restrictions set out in Section 3 (Eligibility) or Section 7 (Health and Safety Disclaimer);
(c) submit to the Services any data that is false, misleading or unlawfully obtained, or that relates to a third party without a lawful basis;
(d) copy, reproduce, distribute, publicly display, sell, rent, lease, sub-license, transfer, translate, modify, create derivative works of, reverse-engineer, decompile or disassemble the Services or any Content, except to the extent such restriction is prohibited by applicable law;
(e) circumvent or attempt to circumvent any technical protection, rate limit, authentication mechanism or access control;
(f) use any automated means (bot, scraper, crawler, script) to access the Services;
(g) interfere with the security, integrity, availability or performance of the Services;
(h) use the Services in a way that could cause harm to yourself or to any third party;
(i) use the Services or any output of the Services to provide professional advice to any third party, in particular medical, clinical or dietetic advice;
(j) upload, transmit or generate through the Services any data, information, text, software, or other content that is harmful, threatening, abusive, illegal, offensive, tortious, violent, harassing, defamatory, sexually explicit, vulgar, obscene, libelous, or otherwise objectionable, or that infringes any intellectual property, privacy or other right, or that you otherwise do not have a right to upload or transmit;
(k) use the Services to train, evaluate or benchmark any competing artificial intelligence or machine-learning system, or to develop any competing service or product;
(l) attempt to misuse AI Features to elicit medical diagnosis, medication recommendations, treatment plans or any other content outside their stated scope;
(m) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, logic bomb, or other malicious code or any other similar software or programs that may damage the operation of another’s computer or property of another, or otherwise introduce any such code or content into the Services, or otherwise compromise its security, integrity or availability;
(n) bypass, or attempt to bypass, any technical or access restriction on the Services or probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems without Provider’s consent;
(o) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Provider representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(p) use any of the Services communication features in a manner that adversely affects the availability of its resources to other users (e.g., use of all caps or flooding continuous posting of repetitive text);
(q) upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(r) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
(s) cause the Services or any Content to be displayed in any way that is disparaging to Provider or otherwise imply or state that any type of relationship or special arrangements exist with Provider and any other entity without Provider’s consent;
(t) harvest or otherwise collect information about others;
(u) attempt to gain any unauthorized access to the Services, or any of its associated Content, including any associated computer systems, software, or networks, or use the Services in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server.
10.2 Suspension. We may immediately suspend or terminate your access to the Services, and remove any User Content, if we reasonably believe that you have breached this Section 10, without prejudice to any other remedy available to us.
10.3 Accuracy. You represent and warrant to Provider that all information that you provide to us in connection with your access to and use of the Services will be true, accurate, and complete.
10.4 Reports and review. You may report suspected illegal information or misuse to [email protected] or through the App's reporting facility, identifying the item and its location, the reasons for the report, your name and contact details where required by law, and confirming your good-faith belief that the report is accurate. We assess reports diligently and proportionately and may remove information, template-based posts or reactions, correct results or rewards, or restrict participation where justified by law or these Terms. We will acknowledge reports and communicate decisions where contact details are available, and give affected Users reasons and information about available redress, subject to lawful exceptions. You may request review by contacting us; that review will involve a member of our team. Any automated abuse controls used and their role in a decision will be explained in the relevant notice. Sections 10.2 and 15.2 of these Terms are subject to this procedure where applicable and to mandatory legal safeguards.
11. DATA PROTECTION
11.1 Privacy Policy. Your personal data is processed by the Provider, as controller (or “business” under applicable U.S. state privacy laws), in accordance with our Privacy Policy, which forms an integral part of these Terms.
11.2 Health and Wellness Data. You acknowledge that by using the Services you will submit information about your body (such as weight, height, body composition, sex, age, activity level, dietary habits, training sessions and, where you choose the relevant feature, meal photos, wearable metrics, sleep, fatigue, mood, menstrual cycle, injury-related and exercise video inputs), which is treated as “Health and Wellness Data” as defined in the Privacy Policy. To the extent that any element of such information constitutes data concerning health within the meaning of Regulation (EU) 2016/679 (GDPR) or the UK GDPR and therefore a special category of personal data, the legal basis for its processing is your explicit consent, which you will be asked to provide during onboarding and which you may withdraw at any time in your account settings (without affecting the lawfulness of processing based on consent before withdrawal). To the extent that any element of such information constitutes “sensitive personal information”, “sensitive data” or “consumer health data” under applicable U.S. state privacy laws, you will be asked to provide your separate, affirmative consent, distinct from your acceptance of these Terms, before collecting or sharing such data except as necessary to provide the Services you request. You may withdraw any such consent at any time in your account settings. Further details on the categories of data collected, the purposes of processing, the legal bases applicable in your jurisdiction and how to exercise your rights are set out in our Privacy Policy.
11.3 Information sent to AI and messaging providers. As further described in the Privacy Policy, when the Services call third-party AI models only the inputs needed to generate the requested output, which may include chat text, relevant wellness data and image or movement information for the feature you use, are transmitted. We do not add your name, email address or Account identifier to requests sent to AI model providers. The content you submit, including chat text or video, may itself contain identifying information. For WhatsApp, the messaging platform necessarily handles the identifiers needed to deliver messages; this is distinct from the information Alentia sends to the AI model provider
11.4 Your rights. You may exercise your rights of access, rectification, erasure, restriction, portability, objection, the right not to be subject to solely automated decisions with legal or similarly significant effects, certain opt-outs, or other applicable privacy rights under the conditions set out in the Privacy Policy and applicable law. Contact: [email protected].
12. THIRD-PARTY SERVICES
12.1 Providers used. The Services rely on third-party providers to deliver certain functionalities, including, among others, Google (Gemini API) as our primary provider for AI Features; OpenAI (API) as a possible fallback AI provider, which is not active and does not process User data in that version; Cloudflare R2 for image and video storage; SendGrid/Twilio for transactional emails, RevenueCat for subscription management; Expo (EAS) for push notifications, and the applicable app store for distribution and billing. Optional integrations may also use Apple Health, Samsung Health, WhatsApp Business, retailer services and the reward providers identified when the relevant feature is used.
12.2 Third-party terms. Where you interact with a third party (including social-login providers, app stores or operating-system providers), your use of those services is governed by the terms of that third party, and not by these Terms. We are not responsible for the acts or omissions of third parties, except as required by mandatory law.
12.3 Third-party beneficiaries. No third party shall have any right to enforce any provision of these Terms unless expressly provided.
12.4 Wearable and health-platform connections. Connections are optional and require the permissions presented by the relevant platform and any separate consent required by law. Alentia imports the data that you authorize to provide its own wellness suggestions; it does not control or alter the functions of your wearable. Availability, metric definitions and synchronisation depend on the source, device and platform permissions, and imported data or derived scores may be delayed, incomplete or inaccurate. You may revoke access using the relevant connection or platform settings; this stops future access under that permission, but does not by itself erase information already lawfully retained. Applicable retention and deletion rights are described in our Privacy Policy.
12.5 Retailer information and shopping lists. The shopping assistant identifies products and prepares suggested shopping lists using available retailer information. It does not place orders, make payments or conclude purchase contracts on your behalf. You choose whether to click a link and complete a purchase on the retailer's own website, under its terms. A list is not an order or a reservation. Prices, stock, ingredients, allergens and delivery conditions may change; check the retailer's current information and the product label. The retailer is responsible for its sale, delivery, returns and product obligations; this does not exclude our responsibility for our own Services or any mandatory rights. Any paid placement or affiliate relationship affecting a recommendation will be identified with the relevant content.
13. LIMITATION OF LIABILITY
13.1 Nature of the Services. You acknowledge that the Services are informational, lifestyle and general-wellness tools and that their outputs are non-binding suggestions generated from data you provide. You are solely responsible for your health decisions, for verifying the suitability of any suggestion to your particular circumstances, exercising your judgment, and for seeking professional advice where appropriate.
13.2 Disclaimers of warranty / “As is” / “as available”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR UNINTERRUPTED AVAILABILITY AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SERVICES AND CONTENT, ARE ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SERVICES OR THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS OR THAT THEY WILL OTHERWISE MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
FURTHER, PROVIDER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. PROVIDER SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SERVICES.
Nothing in this Section excludes or limits the legal guarantees owed to Consumers under applicable mandatory law.
13.3 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER, ITS CONTRACTORS, SUPPLIERS, LICENSORS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “ALENTIA PARTIES”), SHALL NOT BE LIABLE FOR:
(a) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY OR SIMILAR DAMAGES OR COSTS;
(b) ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, REPUTATION OR GOODWILL OR ANY OTHER LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE;
(c) ANY LOSS, CORRUPTION OR INACCURACY OF DATA;
(d) ANY DAMAGE ARISING FROM (i) YOUR RELIANCE ON ANY OUTPUT OF THE SERVICES, INCLUDING AI OUTPUTS, MENU SUGGESTIONS, WORKOUT SUGGESTIONS, CHATBOT RESPONSES OR IMAGE ANALYSES; (ii) YOUR FAILURE TO FOLLOW THE HEALTH AND SAFETY DISCLAIMER IN SECTION 7; (iii) ANY MEDICAL, PHYSICAL, PSYCHOLOGICAL OR NUTRITIONAL CONSEQUENCE OF CHANGES YOU MAKE TO YOUR DIET OR PHYSICAL ACTIVITY; (iv) INACCURATE OR INCOMPLETE DATA YOU HAVE SUBMITTED; (v) ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS (INCLUDING APP STORES, AI PROVIDERS, OPERATING-SYSTEM PROVIDERS AND PAYMENT PROCESSORS); (vi) THE USE, COPYING, OR DISPLAY OF THE SERVICES, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICES OVER THE INTERNET;(vii) PROVIDER’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS AND THE SERVICESARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, OR THESE TERMS, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES, OR ANY OTHER CAUSE BEYOND THE CONTROL OF PROVIDER EVEN IF THE PROVIDER HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ALENTIA PARTIES, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
13.4 Cap on liability. To the maximum extent permitted by applicable law, the aggregate liability of the Provider arising out of or in connection with these Terms and the Services shall not exceed the greater of (i) the amount effectively paid by you to the Provider for the Services during the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred euros (EUR 100) or, for Users resident in the United States, one hundred U.S. dollars (USD $100).
13.5 To the extent permitted by applicable law, you hereby release and forever discharge the Alentia Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the services (including any interactions with, or act or omission of, any external links) except to the extent caused directly by our wilful or intentional misconduct. This release does not apply to any claim that cannot be released under applicable law, including claims for death or personal injury caused by our negligence. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” AND TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW, RULE, OR REGULATION OF ANY OTHER JURISDICTION.
13.6 Consumer carve-outs. Nothing in these Terms shall exclude or limit the Provider’s liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any other liability to the extent that they cannot be excluded or limited under applicable mandatory law. Mandatory Consumer rights, including the EU and/or UK legal guarantee of conformity of digital content and services, as applicable are not affected by these Terms. If you reside in the United States, certain states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages; in those states the exclusions and limitations in this Section 13 apply only to the extent permitted by the laws of your state (including, if you are a New Jersey resident, the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act).
14. INDEMNITY
14.1 You agree to indemnify, defend and hold harmless the Alentia Parties, from and against any and all third-party claims, demands, suits or other proceedings, actions, loss, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to (a) your breach of these Terms; (b) your violation of any applicable law or regulation; (c) your User Content; (d) your use of the Services in a manner not authorised by these Terms, including any professional use or any use in relation to a third party; (e) any decision you take on the basis of any output of the Services; or (f) your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defence and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
14.2 This Section 14 does not apply to Consumers to the extent its application would be incompatible with mandatory Consumer-protection law.
15. TERMINATION
15.1 Termination by you. You may terminate these Terms at any time by deleting your Account from the App settings. Deleting your Account or uninstalling the App does not automatically cancel any active Standard or Premium Subscription. To stop automatic renewal, you must also cancel your Subscription through the subscription-management interface of the app store where you purchased it, as described in Section 8.5 above. Unless you cancel automatic renewal, renewal charges may continue through that app store. This does not affect your mandatory withdrawal, termination or refund rights
15.2 Termination by us. We may suspend or terminate your Account and access to the Services immediately, with or without notice, in case of (a) material breach of these Terms; (b) any activity that we reasonably believe poses a risk of harm to you, to other Users, to us or to any third party; (c) reasonable belief that you are under 18 or otherwise ineligible; (d) any legal, regulatory or security reason requiring such action.
15.3 Effects of termination. Upon termination (i) your right to access the Services ceases; (ii) any unused portion of a free trial is forfeited; (iii) provisions which by their nature are intended to survive termination (including Sections 7, 9, 10, 11, 13, 14, 16, 17 and 19) shall survive.
15.4 Data deletion and retention. Upon the earlier of the deletion of your Account or your Subscription termination, your Personal Information (as defined in our Privacy Policy) that is not subject to a retention period described in the Privacy Policy is permanently deleted. Personal Information identified in the Privacy Policy retention table (e.g., profile and Health and Wellness Data retained for up to six (6) years after your Subscription ends, and menstrual, mood, fatigue and sleep data retained for three (3) years) is held by us solely as necessary for us to exercise or defend legal claims or comply with legal obligations, and is then permanently deleted or anonymized. The account deletion section and retention table in the Privacy Policy control and describe the applicable periods and criteria.
16. MODIFICATIONS
16.1 Changes to the Terms. We may modify these Terms from time to time. Where changes are material, we shall inform you in advance through the App or by email at least thirty (30) days before the new version takes effect, unless a shorter period is required by law or for security reasons. Non-material changes (including changes that do not affect Consumer rights) may take effect upon publication.
16.2 Your options. If you do not accept the revised Terms, you may terminate your Account before the new version takes effect. Continued use of the Services after the effective date of the revised Terms constitutes your acceptance.
16.3 Changes to the Services. We may add, modify, remove or discontinue features of the Services at any time, subject to your Consumer rights and to our obligation to provide the Services in material conformity during any paid period, as applicable.
17. GOVERNING LAW AND JURISDICTION; ARBITRATION; CLASS ACTION WAIVER; CLAIM LIMITATION
17.1 Governing law. Unless otherwise required by applicable law, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation shall be governed by and construed in accordance with the laws of Spain, without prejudice to the mandatory protection afforded to Consumers by the laws of their country of habitual residence.
17.2 Jurisdiction. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain. If you are a Consumer, you may bring proceedings before the courts of your country of habitual residence, and you may only be sued before those courts.
17.3 Arbitration. This Section 17.3 does not apply to, and shall not be enforceable against, any Consumer who is habitually resident in Spain, the European Economic Area or the United Kingdom. For such Consumers, Sections 17.1 (Governing law) and 17.2 (Jurisdiction) shall govern exclusively, and nothing in these Terms shall be construed as a pre-dispute agreement to arbitrate.
To the extent permitted by applicable law, EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PROVIDER (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND PROVIDER EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this Section.
The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English (unless otherwise agreed or required) and in a manner that preserves confidentiality. Unless you and Provider agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statute, and the parties waive any right to recover such damages. Nothing in this Section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.
You and Provider will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and Provider will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).
Notwithstanding the foregoing, nothing in these Terms will preclude Provider from seeking any injunctive relief or other provisional remedy in a court of law.
Opt-out. You may opt out of this agreement to arbitrate by sending written notice of your decision to [email protected] within thirty (30) days after you first accept these Terms, stating your name, the email address associated with your Account and that you wish to opt out of arbitration. If you opt out, Section 17.2 will govern any dispute and the class action waiver in this Section will not apply to you. Opting out will not affect any other provision of these Terms.
Mass arbitration. If twenty-five (25) or more similar demands for arbitration are filed against Provider by or with the assistance of the same or coordinated counsel, the parties agree that such demands will be administered in batches under the JAMS Mass Arbitration Procedures and Guidelines then in effect, to the extent consistent with applicable law.
To the extent permitted by applicable law, any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms or the Services must be commenced within one year after the cause of action arises.
18. NOTICES AND CONTACT
18.1 Contact. You may contact us at [email protected] or through the contact functionality in the App.
18.2 Notices to you. We may give you notices through the App (including via push notifications), by email to the address linked to your Account, or by any other means permitted by applicable law. You consent to receive all agreements, notices, disclosures, and other communications from us electronically, and agree that such electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw your consent to electronic communications, update your email address or request a paper copy of any communication, free of charge, by contacting us at [email protected]; withdrawing consent may require you to stop using the Services. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
19. MISCELLANEOUS
19.1 Entire agreement. These Terms, together with the Privacy Policy and any order confirmation, constitute the entire agreement between you and the Provider regarding the Services and supersede any prior agreement between you and the Provider on the subject matter.
19.2 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be interpreted or replaced to achieve, as closely as possible, the economic effect intended.
19.3 No waiver. Failure or delay by the Provider in exercising any right or remedy under these Terms shall not be a waiver of that right or remedy.
19.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to any affiliate or in connection with a corporate reorganisation, merger, acquisition or sale of assets, provided that Consumer rights are preserved.
19.5 Force majeure. Neither party shall be liable for any failure or delay caused by events beyond its reasonable control, including acts of God, pandemics, labour disputes, war, government action, telecommunication or power failures, or failure of third-party infrastructure.
19.6 Disclaimer of Third-Party Information. To the extent that any information, material, or functionality on the Services are provided by third party content providers (“Third Party Materials”), Provider has no responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services or other Third-Party Materials are those of the applicable third party. Provider does not represent or endorse the accuracy or reliability of any information provided by any third party or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with Provider.
19.7 Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law and the laws of the jurisdiction where the Services are accessed, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions or other laws restricting export or re-export of software or data (including restricted or prohibited foreign access to such software or data). By using our Services, you represent and warrant that you are not located in any country, or on any list, subject to applicable export control laws and regulations.
19.8 External links. The Services may contain links to third-party websites, applications or services (including retailer, partner, health-platform and social media services) that are not owned or controlled by the Provider. Links are provided for convenience only and do not constitute an endorsement. Your use of any linked service is at your own risk and subject to that third party’s terms and privacy policy.
19.9 California users. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
19.10 Mobile app stores. If you downloaded the App from the Apple App Store, you acknowledge that these Terms are between you and the Provider only, not Apple Inc. (“Apple”); Apple has no obligation to provide maintenance or support for the App and, to the maximum extent permitted by law, no other warranty obligation with respect to it; the Provider, not Apple, is responsible for addressing any claims relating to the App (including product liability, legal or regulatory compliance, consumer protection, privacy and intellectual property infringement claims); and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The applicable terms of Google Play also apply to use of the App downloaded from that store.
SCHEDULE 1 — MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract.)
To: Morgal FB LLC (operating as “Alentia”), 1521 Concord Pike, Suite 201, Wilmington, Delaware United States 19803, email: [email protected].
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following service: Alentia Premium Subscription.
Ordered on (*) / received on (*): ______________________________________
Name of consumer(s): ____________________________________________
Address of consumer(s): __________________________________________
Signature of consumer(s) (only if this form is notified on paper): ________________________
Date: ____________________
(*) Delete as appropriate.