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MV Menuvivo

Menuvivo application Terms

§ 1. General provisions

  1. These terms (hereinafter: the “Terms”) set out the rules and conditions for using the “Menuvivo” application (hereinafter: the “Application”) and the services provided by the Service Provider.
  2. The Application is an “advanced prototype” (Advanced Prototype) of a tool supporting meal planning, intended for both entrepreneurs and consumers.
  3. The Terms are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on providing services by electronic means (hereinafter: the “Act on providing services by electronic means”).
  4. The service provider is JCw Solutions Juliusz Ćwiąkalski, conducting business activity under the business name JCw Solutions Juliusz Ćwiąkalski, registered in Poland in the Centralna Ewidencja i Informacji o Działalności Gospodarczej (CEIDG), with NIP: 9131504711, REGON number: 021461414 (hereinafter: the “Service Provider”).
  5. The Service Provider may be contacted by e-mail at: contact@menuvivo.com.
  6. Pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA”), the Service Provider has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the European Board for Digital Services, and the Application’s service recipients regarding matters covered by the DSA. The contact point is available at: contact@menuvivo.com.
  7. Before starting to use the Application, the Service Recipient is obliged to read the Terms and the Privacy Policy.

§ 2. Definitions

Capitalized terms used in the Terms have the following meanings:

  1. Subscription Administrator – a Service Recipient who is a natural person who has reached the age of 18, enters into the Agreement with the Service Provider (including making payments, where applicable) and manages the Group Subscription, in particular invites and removes Subscription Members.
  2. Subscription Member – a Service Recipient using the Application under a Group Subscription, invited by the Subscription Administrator; a Subscription Member may be the Subscription Administrator and other persons (including Minor Users).
  3. AI Provider – an external entity providing artificial intelligence models or the infrastructure to operate them (e.g., OpenAI, Anthropic, Google, or others) whose services may be used by the Service Provider in order to provide the Service; AI Providers may change.
  4. Authentication Provider – an external provider of an authentication service through which access to the Account is created and logging into the Application takes place (e.g., Google, and in the future also Apple, Facebook, or others); Authentication Providers may change.
  5. Consumer – a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity.
  6. Account – a panel created in the Application’s IT system enabling the Service Recipient to use its functionalities; the Account is linked to authentication with the Authentication Provider.
  7. Non-conformity – means the non-conformity of the Service of using the Application with the Agreement (the criteria for assessing the conformity of the Service with the Agreement are set out in the provisions of the Consumer Rights Act).
  8. Privacy Policy – a document containing information about the processing of Service Recipients’ personal data by the Service Provider, available in the Application.
  9. Entrepreneur with Consumer Rights – a natural person entering into the Agreement directly related to their business activity, where the content of the Agreement shows that it is not of a professional nature for that person.
  10. Group Subscription / Group – a functionality of the Application enabling the use of the Service by the Subscription Administrator and the Subscription Members invited by them, within shared access to selected resources and User Content (in accordance with § 3a). A Group Subscription may include persons in a family, partner, cohabiting, roommate, or other relationship, in particular persons jointly running a household; a formal family relationship is not required.
  11. User Content – any data, files, information, and materials uploaded, saved, or created by the Service Recipient in the Application, including in particular: photos (e.g., of the fridge/pantry/products), descriptions, notes, lists, dietary preferences, and corrections made by the Service Recipient.
  12. AI Improvement / AI Training – the use of User Content (in particular photos and related metadata and corrections) for research and development (R&D) purposes, such as training, testing, validation, fine-tuning, or improving AI models (of the Service Provider or AI Providers), separately from the purpose of providing the Service.
  13. AI Improvement Opt-in Setting – a voluntary setting (consent) assigned to the Service Recipient’s Account that—if active—allows the Service Provider to use User Content (in particular photos) for AI Improvement; this setting may be switched off at any time with effect for the future.
  14. Agreement – an agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply the Service of using the Application to the Service Recipient; a condition of concluding the Agreement is the creation of an Account by the Subscription Administrator (if the use takes place under a Group Subscription).
  15. Service – a digital service consisting of enabling the Service Recipient to use the Application’s functionalities (including meal planning, photo analysis).
  16. Service Recipient – a customer (Entrepreneur, Consumer, or Entrepreneur with Consumer Rights) using the Application.
  17. Minor User – a Subscription Member who is a natural person aged 13 to 17 (inclusive).

§ 3. Technical requirements and rules of use

  1. In order to use the Application properly, the following are necessary jointly:
    1. an Internet connection,
    2. a device that allows access to Internet resources,
    3. a web browser that supports the HTML5 standard,
    4. an active e-mail account.
  2. Within the Application, it is prohibited for the Service Recipient to provide unlawful content, including content violating third parties’ personal rights or copyrights.
  3. The Service Provider informs that the Application is an “advanced prototype”, which means that it may be subject to frequent changes, and some functions may operate in an experimental manner.
  4. The Service Recipient is obliged to keep the access data to the Account confidential (including the access data to the account with the Authentication Provider). The Service Recipient is responsible for all actions performed within their Account, unless access to the Account occurred as a result of a lack of security measures on the Service Provider’s part. In the event of suspicion of unauthorized access to the Account, the Service Recipient should immediately notify the Service Provider.

§ 3a. Age, Group Subscription, and content sharing

  1. The Application may be used by a person who has reached the age of 13.
  2. The Agreement with the Service Provider under the Group Subscription model is concluded by the Subscription Administrator, who must have reached the age of 18.
  3. The Subscription Administrator may invite Subscription Members to the Group Subscription, including Minor Users, and manage their access (in particular remove Subscription Members).
  4. The Subscription Administrator declares that they are authorized to provide Minor Users with access to the Application (in particular, they have parental authority or are their legal guardian) and bear responsibility for invitations and the use of the Application by Minor Users under the Group Subscription.
  5. Subscription Members within the same Group Subscription may have access to shared resources and User Content, in particular to: inventories, lists, plans, photos of the fridge/pantry and product thumbnails, to the extent resulting from the Application’s functionalities.
  6. The Service Provider does not provide public sharing of User Content. Access to User Content is limited to the Service Recipient and—where a Group Subscription applies—to authorized Subscription Members.

§ 3b. External authentication

  1. Creating an Account and logging into the Application takes place via the Authentication Provider.
  2. The Service Provider does not guarantee the availability of a specific Authentication Provider or the continuity of its operation. A change of the Authentication Provider or the login method may occur as part of the Application’s development.
  3. The Service Recipient is obliged to meet the Authentication Provider’s requirements regarding having and using an account (including age requirements and the Authentication Provider’s terms).

§ 4. Medical and health disclaimers (IMPORTANT)

  1. No medical advice: The Menuvivo Application provides only auxiliary services in meal planning. The Application is NOT a medical service, a dietary counseling service, or a substitute for professional medical advice or the services of a licensed dietitian. The information contained in the Application is for educational and illustrative purposes only.
  2. User responsibility: The Service Recipient uses the Application at their own risk. The Service Recipient undertakes to consult a doctor or dietitian before introducing significant dietary changes, especially in the case of:
    • pregnancy or breastfeeding,
    • taking medications (diet may affect their effects),
    • chronic diseases (e.g., diabetes, hypertension, heart disease),
    • food allergies or intolerances.
  3. Allergies and intolerances: The allergen filtering features in Menuvivo are for ASSISTIVE and INFORMATIONAL purposes ONLY. The Application and its AI algorithms may fail to detect all allergens. A Service Recipient with allergies has an obligation to independently verify the ingredients of every recipe and product. The Service Provider is not responsible for allergic reactions.
  4. No guarantee of health outcomes: The Service Provider makes no health claims and does not guarantee achieving specific results, such as weight loss or improved health.

§ 5. Use of artificial intelligence (AI)

  1. The Service Provider informs that the Application uses artificial intelligence models provided by AI Providers. In order to perform the Service (including generating recipes, analyzing the contents of the fridge/pantry, recognizing products from photos), User Content—including photos and other data entered by the Service Recipient—may be transferred to AI Providers for analysis and processing. AI Providers may change.
  2. Detailed information about the categories of data recipients (including AI Providers), any transfers of data outside the European Economic Area, and safeguards used is included in the Privacy Policy.
  3. The Service Recipient acknowledges that the results generated by AI:
    1. may be inaccurate, incomplete, or fabricated (so-called AI hallucinations),
    2. require verification by a human before use,
    3. do not constitute professional advice.
  4. Nutritional values (calories, macronutrients) are only estimated and cannot be the basis for medical decisions (e.g., insulin dosing).
  5. The function of recognizing products from photos is experimental and may make errors in identification.

§ 5a. AI improvement based on photos (opt-in)

  1. AI Improvement (including training, testing, or fine-tuning AI models) based on User Content, in particular photos, is an additional (research and development) purpose and is not necessary to provide the Service.
  2. The use of photos for AI Improvement takes place only where the AI Improvement Opt-in Setting is active for a given Account.
  3. The AI Improvement Opt-in Setting is assigned to the Service Recipient’s Account:
    1. an adult Subscription Member independently switches the AI Improvement Opt-in Setting on or off on their Account;
    2. the Subscription Administrator may switch the AI Improvement Opt-in Setting on or off on behalf of a Minor User under the Group Subscription.
  4. The AI Improvement Opt-in Setting may be switched off at any time in the Application (in privacy settings or Group Subscription settings—depending on the role). Switching off takes effect for the future.
  5. After switching off the AI Improvement Opt-in Setting:
    1. new photos and other User Content will not be used for AI Improvement;
    2. photos and other User Content previously collected for AI Improvement will be deleted or excluded from future training datasets within a reasonable time, as a rule within 30 days of switching off;
    3. the Service Provider has the right to complete ongoing training or analytical processes (ongoing “jobs”) in which those data are already being processed;
    4. the Service Provider is not obliged to modify, delete, or “unlearn” AI models that were trained or fine-tuned using those data before they are deleted or excluded.

§ 6. Agreement for the supply of the Service and fees

  1. Using the Application is currently free of charge.
  2. The agreement for the provision of the Service is concluded upon the effective completion of the Service Recipient’s Account registration process (confirmation of the e-mail address or another method required by the Authentication Provider).
  3. The Service Provider reserves the right to introduce fees for using the Application or parts of it in the future, and will inform Service Recipients in advance by amending the Terms and the Price List.

Termination of providing the Service by the Service Provider

  1. The Service Provider reserves the right to terminate the provision of the Service (in whole or in part) for important reasons (e.g., economic, technological, legal, or due to the end of the prototype phase).
  2. The Service Provider will inform Service Recipients of the planned termination of the Service by e-mail at least 90 days in advance.
  3. If the Service were provided for a fee and its termination occurred before the end of the period for which the Service Recipient paid the fee, the Service Provider will refund the fee proportionally to the period during which the Service will not be provided (a pro rata refund).
  4. During the notice period, the Service Provider will, to the extent technically possible, enable Service Recipients to export their data (e.g., saved recipes).

§ 7. Complaints

  1. The Service Provider is obliged to provide the Service in conformity with the Agreement.
  2. If a Non-conformity is revealed, a Service Recipient who is a Consumer or an Entrepreneur with Consumer Rights may submit a complaint.
  3. Complaints should be submitted to the e-mail address: contact@menuvivo.com.
  4. The complaint should include a description of the Non-conformity and the Service Recipient’s request (e.g., bringing the Service into conformity with the Agreement).
  5. The Service Provider will consider the complaint within 14 days of its receipt.

§ 8. Right to withdraw from the Agreement

  1. A Service Recipient who is a Consumer or an Entrepreneur with Consumer Rights has the right to withdraw from the Agreement without giving a reason within 14 days from the date of its conclusion (creation of the Account).
  2. In order to exercise the right of withdrawal, it is sufficient to send a statement to contact@menuvivo.com.
  3. Withdrawal from the Agreement results in deletion of the Account.
  4. The Service Recipient may resign from the Service at any time by deleting the Account in the Application settings.

§ 9. Content and reporting infringements (DSA)

  1. The Service Provider is not the author of User Content (e.g., product photos, notes) and is not responsible for it if it is not aware of its unlawful nature.
  2. Any person may report unlawful content available in the Application by sending a message to contact@menuvivo.com.
  3. The report should include a justification and the location of the content. The Service Provider will verify the report and make a decision (e.g., to remove the content) in accordance with the applicable provisions of the DSA.
  4. In the event that the Service Recipient violates provisions of law or the Terms, the Service Provider is entitled to:
    1. remove Content that violates the law or the Terms;
    2. temporarily block the Account or restrict access to selected functionalities;
    3. permanently delete the Account (terminate the Agreement without keeping a notice period) if the violation is gross or recurring.

§ 10. Liability

  1. The Application is provided “as is” (as-is).
  2. To the fullest extent permitted by law, the Service Provider is not liable for damages resulting from the use of the Application, including for data loss, AI errors, interruptions in operation, or the consequences of decisions made based on the Application’s suggestions. This exclusion does not affect the rights of Consumers and Entrepreneurs with Consumer Rights arising from mandatory provisions of law (in particular those concerning the conformity of the Service with the Agreement).
  3. The Service Provider does not guarantee uninterrupted availability of the Application or its fault-free operation (no SLA), in particular due to the need to carry out maintenance work, expansion of the prototype, or reasons beyond the Service Provider’s control (failures of AI Providers or Authentication Providers).
  4. The Service Provider is not liable for allergic reactions or health damage resulting from following plans generated by the Application (see § 4).

§ 11. Intellectual property

  1. All rights to the Application, its name, source code, and interface belong to the Service Provider.
  2. The Service Recipient retains copyright to their User Content.
  3. By uploading or saving User Content in the Application, the Service Recipient grants the Service Provider a non-exclusive, free of charge, transferable license to use User Content solely to the extent necessary to:
    1. provide the Service to the Service Recipient (including storage, processing, creating thumbnails, AI analysis, and presenting User Content in the Application);
    2. make User Content available to authorized Subscription Members under the Group Subscription;
    3. entrust processing or subcontract technical activities to the Service Provider’s subcontractors (e.g., hosting providers, AI Providers) to the extent necessary to provide the Service;
    4. AI Improvement—only where the AI Improvement Opt-in Setting is active for a given Account.
  4. The Service Provider does not publish User Content publicly (e.g., on the Internet) as part of providing the Service. User Content is used within the Application and—where a Group Subscription applies—is made available only to authorized Subscription Members.

§ 12. Changes to the Terms

  1. The Service Provider may change the Terms for important reasons, in particular such as:
    1. changes in legal provisions or their interpretation which affect the content of the Terms;
    2. changes in the scope or manner of providing the Service (including introducing new functionalities, changing AI Providers or Authentication Providers, changing technical requirements);
    3. changes to the price list or the introduction of fees;
    4. the need to counteract abuse or ensure the security of the Service;
    5. organizational or technological changes on the Service Provider’s part.
  2. Changes to the Terms that do not materially affect the rights and obligations of Service Recipients (non-material changes) may be introduced without observing the time limit referred to in section 3, provided that the Service Provider will inform about them in the Application or in another customary manner.
  3. In the case of changes to the Terms that materially affect the rights or obligations of Service Recipients (material changes), the Service Provider will inform the Subscription Administrator by e-mail at least 14 days before the planned effective date of the changes, indicating that date.
  4. The Subscription Administrator has the right to terminate the Agreement before the effective date of material changes. If the Service were provided for a fee, in such case the Service Provider will refund the fee proportionally to the unused period (a pro rata refund).
  5. The provisions of this paragraph do not affect the rights of Consumers and Entrepreneurs with Consumer Rights arising from mandatory provisions of law.

§ 13. Final provisions

  1. In matters not regulated, Polish law shall apply.
  2. Disputes with Consumers may be resolved out of court (e.g., via the platform: https://consumer-redress.ec.europa.eu/).
  3. The Terms are effective as of 10.01.2026.