Terms of Service

1. Definitions

Key terms used throughout this Agreement

The following capitalised terms have the meanings given below wherever they appear in this Agreement.

2. Acceptance of Terms

How this Agreement becomes binding

2.1 By downloading, installing, creating an Account, or using the App in any way, you confirm that you have read, understood, and agree to be bound by this Agreement in its entirety, including all documents incorporated by reference.

2.2 If you do not agree to any part of this Agreement, you must not install or use the App. You may delete the App from your device at any time.

2.3 You must be at least 18 years of age to use the App. By accepting these Terms, you represent and warrant that you are aged 18 or over. If Delta becomes aware that a person under 18 has created an Account, we will suspend and delete that Account and associated data without notice.

2.4 If you are accepting this Agreement on behalf of a legal entity, you represent that you have authority to bind that entity. These Terms are intended for individual consumer users only and do not create a business-to-business relationship.

2.5 We may update these Terms from time to time. Where changes are material, we will provide advance notice through the App or by email to your registered address. Your continued use of the App after the effective date of updated Terms constitutes acceptance of the changes. If you do not accept updated Terms, you may terminate your Account before the changes take effect.

2.6 EU Users: Your statutory rights under EU consumer protection law, including rights under Directive 2011/83/EU on consumer rights, Directive 93/13/EEC on unfair contract terms, and Directive 2019/770 on contracts for digital content and digital services, are not affected or excluded by this Agreement.

3. Licence to Use the App

What you are permitted to do with the App

3.1 Licence Grant

3.1.1 Subject to your compliance with this Agreement and payment of applicable Subscription fees, Delta grants you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use the App on a mobile device that you own or control, solely for your personal, non-commercial use.

3.1.2 This licence is conditioned upon your ongoing compliance with this Agreement and the applicable Platform terms (Apple App Store Terms of Service / Google Play Terms of Service). In the event of a conflict between this Agreement and Platform terms on matters relating to the App's use on-device, the Platform terms govern.

3.2 Licence Restrictions

You must not:

• copy, reproduce, distribute, or create derivative works of the App or its content;
• reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App, except to the extent expressly permitted by applicable law;
• rent, lease, sublicense, sell, resell, or otherwise transfer the App or your Account to any third party;
• use the App for any commercial purpose or on behalf of a third party;
• remove, alter, or obscure any proprietary notices, disclaimers, or labels on or in the App;
• use automated tools, bots, or scripts to access or interact with the App;
• use the App in any manner that violates applicable laws or these Terms.

3.3 Intellectual Property

3.3.1 The App and all content, technology, software, trade marks, and intellectual property within it are owned by Delta or its licensors. Nothing in this Agreement transfers any ownership interest in Delta's Intellectual Property to you.

3.3.2 AI Content generated by the App based on your Health Data is provided to you as part of the App service. You may use AI Content for your personal fitness purposes. Delta does not claim ownership of User Content you provide.

3.3.3 By uploading User Content to the App, you grant Delta a limited, non-exclusive, worldwide licence to process, store, and use that User Content solely for the purposes described in the Privacy Policy and this Agreement (including transmitting it to the AI System for plan generation). This licence terminates when you delete the relevant User Content or your Account.

4. Account Registration and Security

4.1 To use the full functionality of the App, you must register for an Account using a valid email address or a supported third-party authentication provider (Apple ID or Google account). You must provide accurate and complete information and keep your Account details current.

4.2 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must not share your Account with any other person.

4.3 You must notify Delta immediately at support@aiadvisor.fitness if you become aware of any unauthorised use of your Account or any other security breach. Delta will not be liable for any loss arising from your failure to maintain the security of your Account.

4.4 Delta reserves the right to suspend or terminate your Account if it has reasonable grounds to believe that your Account has been compromised, is being used in violation of these Terms, or is associated with fraudulent activity.

4.5 You may delete your Account at any time through Menu 'More' → Profile → Delete Account in the App. Account deletion triggers data deletion in accordance with the Privacy Policy and our Data Subject Rights Procedures (DELTA-DSR-001). Deletion of your Account does not automatically cancel your Subscription; you must separately cancel through your Platform account.

5. AI System — Nature, Limitations, and Disclosures

Required under EU AI Act Art. 50, GDPR Art. 22, Utah AI Policy Act, and FTC Act § 5

5.1 AI-Generated Content

5.1.1 The App uses a Large Language Model (LLM) AI System to generate all personalised plans, recommendations, guidance, and insights ("AI Content"). All AI Content is produced fully automatically based on the Health Data and other information you provide.

5.1.2 No human professional — including but not limited to fitness trainers, medical doctors, dietitians, nutritionists, pharmacists, or psychologists — reviews, supervises, validates, or approves AI Content at any stage. You are interacting with an AI system at all times within the App.

5.1.3 In accordance with EU AI Act Article 50, you are hereby notified that you are interacting with an AI system. All AI Content is labelled as AI-generated within the App. This disclosure is a contractual commitment and cannot be waived.

5.2 Nature and Limitations of the AI System

5.2.1 The AI System performs cross-metric analysis of up to nine categories of Health Data simultaneously to generate personalised outputs. Outputs adapt dynamically as you add or modify data.

5.2.2 The AI System operates based on patterns in training data and the specific data you provide. It does not have clinical judgment, is not aware of your full medical history beyond what you provide, and may produce outputs that are inaccurate, incomplete, or unsuitable for your individual circumstances.

5.2.3 AI Content quality and accuracy depend entirely on the accuracy, completeness, and currency of the data you provide. Delta does not warrant that AI Content will be accurate, complete, fit for purpose, or free of errors.

5.2.4 The AI System is provided through one or more LLM Providers (which may include Google Gemini, OpenAI, Meta LLaMA, or equivalents). Delta does not control the underlying AI model architecture. LLM Providers may update, retrain, or modify their models, which may affect AI Content outputs. Delta will endeavour to maintain service quality but does not guarantee consistency of AI outputs across model versions.

5.3 Automated Decision-Making

5.3.1 The AI System generates informational fitness, nutrition, and lifestyle recommendations. It does not make legally significant or consequential decisions about your health, healthcare access, insurance eligibility, medical treatment, or any matter with material legal effect.

5.3.2 The App is not classified as a high-risk AI system under EU AI Act Annex III or applicable US state AI laws (including the Colorado AI Act and the Texas Responsible AI Governance Act). Delta will review this classification before any material change to the App's functionality.

5.3.3 You have the right to obtain meaningful information about the logic of the AI System and its outputs. Details are provided in the AI Disclosure Statement (DELTA-AID-001). You may contact us at privacy@aiadvisor.fitness with any query about AI-generated outputs.

5.4 Voice Feature

5.4.1 Where the voice input feature is available, your voice is processed solely for speech-to-text conversion. No voice recording is stored, no voiceprint is created, and no biometric identification or authentication is performed using your voice. This is not a biometric data collection feature.

6. Medical Disclaimer

This is not a medical service

6.1 The App provides AI-generated fitness, nutrition, and lifestyle information for general wellness and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

6.2 Laboratory results, bloodwork data, and other medical information you upload are processed by the AI System solely for fitness-context insights (for example, how a biomarker may relate to recovery or energy levels). The AI's interpretation of laboratory data does not constitute a medical diagnosis, clinical assessment, or pathological interpretation.

6.3 Medication information you provide is used exclusively for harm-reduction purposes: the AI identifies potential interactions between your medication regimen and training or recovery patterns. This is informational only. The App does not prescribe, recommend, discourage, or endorse any specific medication, dosage, or regimen change. You must not alter your medication based on App recommendations without consulting a doctor or pharmacist.

6.4 General AI-generated supplement suggestions are educational and informational in nature. Supplement suggestions do not imply any disease-prevention, treatment, or clinical validation claim. Dietary supplements are not medicinal products and are not regulated as such in most jurisdictions. Consult a healthcare professional before starting any supplement regimen.

6.5 If you have a pre-existing medical condition, are pregnant or breastfeeding, have recently undergone surgery, or are taking prescription medication, you must consult a qualified healthcare professional before using the App or acting on its recommendations.

6.6 The fitness and physical activity recommendations generated by the App carry inherent risk of injury. You assume all risk associated with following physical activity recommendations. If you experience pain, discomfort, dizziness, or other symptoms during exercise, stop immediately and seek medical attention.

7. Subscription, Billing, and Payments

7.1 Subscription Model

7.1.1 Access to the App's full functionality requires a paid Subscription. Subscription plans, pricing, and available free trial periods (if any) are displayed in the App and on the relevant Platform listing. Pricing may vary by region and Platform.

7.1.2 Subscriptions are auto-renewable. Your Subscription will automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date.

7.2 Billing Through Platforms

7.2.1 All Subscription billing, renewal, upgrade, downgrade, and payment processing is conducted exclusively through In-App Purchases on the Apple App Store (for iOS users) or Google Play Store (for Android users), in accordance with the respective Platform's policies.

7.2.2 Delta does not directly process, collect, or store your payment card information. All financial transactions related to your Subscription are between you and the relevant Platform. By subscribing, you agree to the Platform's terms relating to In-App Purchases and billing.

7.2.3 Subscription pricing displayed in the App is indicative. The Platform may display prices in your local currency and may apply taxes or levies in accordance with local law. The price confirmed at the point of purchase on the Platform is the price you will be charged.

7.3 Free Trials

7.3.1 Where a free trial is offered, it begins on the date you start the trial and ends after the trial period specified at the time of sign-up. At the end of the free trial, your Subscription will automatically commence and you will be charged the applicable Subscription fee unless you cancel before the trial ends.

7.3.2 Only one free trial per Platform account is available. If you have previously used a free trial on your Apple ID or Google account, you may not be eligible for a further trial.

7.4 Cancellation

7.4.1 You may cancel your Subscription at any time through your Apple ID account settings (iOS) or Google Play account settings (Android). Cancellation must be made at least 24 hours before the end of the current billing period to avoid renewal charges.

7.4.2 Upon cancellation, you will retain access to the App for the remainder of the paid billing period. Cancellation does not delete your Account or data. To delete your data, use the Account Deletion feature in the App or submit a data subject rights request as described in DELTA-DSR-001.

7.4.3 Delta cannot cancel, modify, or extend Subscriptions on your behalf. All Subscription management must be performed through your Platform account.

7.5 Refunds

7.5.1 Because all billing is managed by the Platform, refund requests must be directed to and are governed by Apple App Store or Google Play Store refund policies. Delta has no ability to process or approve refunds for In-App Purchases.

7.5.2 EU Users: Where applicable, your statutory rights under EU consumer law regarding refunds for digital content are subject to Directive 2011/83/EU and the specific terms of the Platform through which you purchased. Because digital content delivery commences immediately upon purchase (and you acknowledge this at the point of purchase), the 14-day statutory withdrawal right may not apply once delivery of digital content has begun with your prior express consent. See Section 15 for further EU-specific provisions.

7.6 Price Changes

7.6.1 Delta may adjust Subscription pricing from time to time. Price changes will be communicated through the App or Platform listing with reasonable advance notice. Your continued Subscription after a price change constitutes acceptance of the new pricing.

8. User Obligations and Acceptable Use

8.1 You must use the App only for lawful purposes and in compliance with these Terms. You are solely responsible for your use of the App and all User Content you provide.

8.2 You warrant that all information and User Content you provide to the App is accurate, true, and up to date to the best of your knowledge. AI Content quality depends entirely on the accuracy and completeness of the data you provide. Delta accepts no responsibility for AI Content generated on the basis of inaccurate, misleading, or incomplete User Content.

8.3 You must not use the App to:

• upload, transmit, or process information that you know to be false, misleading, or that you do not have the right to provide;
• violate any applicable law, regulation, or third-party right;
• attempt to probe, scan, or test the vulnerability of the App's systems;
• attempt to bypass, circumvent, or interfere with any security feature, consent mechanism, or access control of the App;
• upload or transmit malicious code, viruses, or any harmful software.

8.4 You acknowledge that exercise carries inherent physical risks. By using the App and following workout recommendations, you confirm that you are physically capable of engaging in the activities recommended. If you are in doubt about your physical capacity, consult a healthcare professional before commencing any exercise program.

8.5 You are solely responsible for verifying that AI Content is appropriate for your specific health situation. You must not rely solely on AI Content for decisions that affect your health or medical care. Delta strongly encourages you to share AI Content with your healthcare professional before acting on it.

9. Health Data and Privacy

How your data is handled — summary and references

9.1 The collection, use, and processing of your personal data, including Health Data, is governed by our Privacy Policy (DELTA-PP-001) and, for users in Washington State and Nevada, our Consumer Health Data Policy (DELTA-CHD-001). These documents are incorporated into this Agreement by reference and form a binding part of it. By accepting these Terms, you also acknowledge the Privacy Policy.

9.2 Health Data constitutes Special Category Data under GDPR Article 9. Processing of Health Data requires your explicit, specific, and informed consent, which is obtained separately through the in-app consent management system during onboarding. Acceptance of these Terms does not itself constitute consent to health data processing.

9.3 Your Health Data is processed exclusively to generate and improve your personalised AI Content. It is never sold, shared with advertisers, or used for commercial purposes unrelated to the App.

9.4 Where Health Data is processed by LLM Providers, such processing is conducted under Data Processing Agreements that restrict LLM Providers to processing Health Data only for the purpose of generating AI Content on Delta's behalf. LLM Providers may not use your Health Data for their own model training without a separate explicit consent obtained by Delta from you.

9.5 You may exercise your data subject rights (access, rectification, deletion, withdrawal of consent, portability, restriction, and objection) at any time through Menu 'More' → Profile → Privacy Policy in the App, by emailing privacy@aiadvisor.fitness, or by following the procedures in DELTA-DSR-001.

9.6 Deleting your Account will trigger deletion of your personal data in accordance with our data retention policies. Certain data may be retained where required by law. We will explain any retention exceptions at the time of your deletion request.

10. User Content

Uploaded files, photos, and entered information

10.1 You retain ownership of all User Content you upload or enter into the App. By providing User Content, you grant Delta the limited licence described in Clause 3.3.3 above.

10.2 You are solely responsible for User Content you provide. You warrant that: (a) you have the right to provide the User Content; (b) the User Content does not infringe any third-party intellectual property rights; (c) the User Content is not false, misleading, or harmful.

10.3 User Content consisting of medical documents (such as laboratory results) is sensitive. You upload such documents voluntarily and acknowledge that their processing by the AI System is limited to fitness-context interpretation as described in Section 6.2. Do not upload documents that you do not want to be processed by an AI system.

10.4 Delta does not independently verify, review, or endorse User Content. The AI System's processing of User Content does not constitute an endorsement of its accuracy.

10.5 You may delete individual items of User Content at any time within the App. Following deletion of User Content, the AI System will no longer have access to the deleted data for future plan generation, though previously generated AI Content will not be retroactively altered.

11. Third-Party Services and Integrations

11.1 The App integrates with third-party services including Apple Health, Google Health Connect (Google Fit), and LLM Providers. Use of these integrations is subject to the third party's own terms of service and privacy policy. You should review those terms independently.

11.2 Apple Health and Google Health Connect integrations are subject to your explicit permission granted through your device operating system settings. You may revoke this permission at any time through your device settings. Delta does not receive health data from these platforms without your active permission.

11.3 The App is distributed through the Apple App Store and Google Play Store. Your download and use of the App is also subject to the applicable Platform terms of service. Delta is the developer and licensor of the App; Apple and Google are not parties to this Agreement and have no responsibility for the App's content or functionality.

11.4 Delta is not responsible for the availability, reliability, accuracy, or privacy practices of any third-party service. Any disruption to an LLM Provider's services may affect the availability of AI Content. Delta will endeavour to maintain service continuity but does not guarantee that AI Content will be available at all times.

11.5 The App does not contain advertising, affiliate links, or commercial promotions for third-party products or services. The App is funded solely through Subscription fees.

12. App Availability and Updates

12.1 Delta will use reasonable efforts to make the App available and functional. However, Delta does not guarantee uninterrupted, error-free, or continuous availability of the App or any specific feature.

12.2 The App may be temporarily unavailable due to maintenance, updates, technical failures, or events beyond Delta's reasonable control (including failures of LLM Providers, cloud infrastructure providers, or Platform services).

12.3 Delta may update the App from time to time to add features, fix errors, or comply with legal requirements. Some updates may be mandatory for continued use. Platform update policies apply to the delivery of updates.

12.4 Delta reserves the right to modify, suspend, or discontinue any feature of the App with reasonable notice to users. Where a feature that is material to your Subscription is permanently discontinued, Delta will notify affected users and, where appropriate, offer a proportionate remedy.

12.5 Delta may discontinue the App entirely by providing at least 30 days' prior notice to registered users. In such event, pro-rata refunds for unused prepaid Subscription periods will be sought through the applicable Platform in accordance with its policies.

13. Disclaimer of Warranties and Limitation of Liability

Read carefully — this section affects your legal rights

13.1 Disclaimer of Warranties

13.1.1 The App and all AI Content are provided "as is" and "as available" without warranty of any kind, express or implied. To the fullest extent permitted by applicable law, Delta disclaims all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

13.1.2 Delta does not warrant that: (a) the App will meet your specific fitness or health objectives; (b) AI Content will be accurate, error-free, complete, or up to date; (c) the App will be uninterrupted or free from technical errors; (d) AI Content is appropriate for your individual medical or physical circumstances.

13.1.3 AI Content is generated automatically. Delta does not warrant the medical safety, clinical accuracy, or suitability of AI Content for any individual user. You use AI Content at your own risk and must verify its suitability with a qualified professional where appropriate.

13.2 Limitation of Liability

13.2.1 To the fullest extent permitted by applicable law, Delta's total cumulative liability to you for all claims arising out of or related to this Agreement or your use of the App shall not exceed the greater of: (a) the total Subscription fees you have paid to the Platform in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) €100.

13.2.2 To the fullest extent permitted by applicable law, Delta shall not be liable for any: (a) indirect, incidental, consequential, or special damages; (b) loss of data or corruption of data; (c) loss of profits, revenue, or business opportunity; (d) physical injury or health harm arising from following AI Content recommendations, except where such harm is caused by Delta's own gross negligence or wilful misconduct.

13.2.3 Delta shall not be liable for: (a) any harm arising from your reliance on AI Content as a substitute for professional medical advice; (b) any harm arising from inaccurate, incomplete, or misleading User Content you provide; (c) any disruption to the App caused by LLM Provider outages, Platform failures, or events beyond Delta's reasonable control; (d) any harm arising from use of the App in violation of these Terms.

13.3 EU-Compliant Scope

13.3.1 Nothing in this Section 13 limits Delta's liability under mandatory EU consumer protection law, including liability for defective digital content under Directive 2019/770. EU Users retain all statutory rights against Delta as a trader providing digital services.

13.3.2 The limitations in this Section apply to the maximum extent permitted by Polish law and applicable EU directives, as construed by courts of competent jurisdiction.

14. Termination

14.1 You may terminate this Agreement at any time by deleting your Account through the App (Menu 'More' → Profile → Delete Account) and uninstalling the App from your device. Termination by you does not automatically cancel your Subscription. You must cancel your Subscription separately through your Platform account to stop billing.

14.2 Delta may suspend or terminate your Account and your licence to use the App immediately and without prior notice if: (a) you breach any material term of this Agreement; (b) you engage in fraudulent, abusive, or illegal activity; (c) Delta is required to do so by applicable law or a regulatory authority; (d) continued operation of your Account poses a risk to the App, Delta, or other users.

14.3 Delta may terminate the App or discontinue offering it with 30 days' written notice to registered users, subject to Section 12.5.

14.4 Upon termination of your Account for any reason: (a) your licence to use the App terminates immediately; (b) Delta will process deletion of your personal data in accordance with the Privacy Policy and DELTA-DSR-001; (c) accrued rights and obligations existing at the date of termination are not affected; (d) Sections 5 (AI Disclosures), 6 (Medical Disclaimer), 9 (Data and Privacy), 10 (User Content), 13 (Liability), 16 (Governing Law), and 17 (Dispute Resolution) survive termination.

15. EU Consumer Rights

Mandatory provisions for EU/EEA users

15.1 Conformity of Digital Services

15.1.1 Under Directive 2019/770/EU on contracts for the supply of digital content and digital services, the App must conform to the description provided and must be fit for the purposes for which digital services of the same type are normally used. Delta warrants that the App will function as described in these Terms and in the App Store listing for the duration of your Subscription.

15.1.2 If the App does not conform with its description or fails to function as promised, you have the right to: (a) request that Delta remedy the non-conformity free of charge within a reasonable time and without significant inconvenience; (b) if Delta fails to remedy the non-conformity, receive a proportionate reduction in the Subscription price; or (c) in cases of serious non-conformity that cannot be remedied, terminate the Subscription and seek a refund through the Platform.

15.2 Right of Withdrawal (14-Day Cooling-Off Period)

15.2.1 Under Directive 2011/83/EU, EU consumers have a 14-day right of withdrawal from contracts for digital services concluded at a distance. However, the right of withdrawal does not apply where the supply of digital content not supplied on a tangible medium has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal.

15.2.2 By starting your Subscription and expressly requesting immediate access to the App's full functionality, you acknowledge that delivery of the digital service commences immediately and that you thereby waive your 14-day right of withdrawal in accordance with Article 16(m) of Directive 2011/83/EU. This acknowledgment will be presented to you separately at the point of Subscription purchase.

15.2.3 Where you purchase a Subscription but have not yet accessed the App (i.e., have not activated use of the digital service), the 14-day withdrawal right remains available. To exercise it, contact legal@aiadvisor.fitness within 14 days of purchase.

15.3 Unfair Contract Terms

15.3.1 This Agreement has been drafted to comply with Directive 93/13/EEC on unfair terms in consumer contracts. Any term of this Agreement that would be considered unfair under EU law shall be deemed unenforceable against EU consumers only, without affecting the remainder of the Agreement.

15.3.2 In particular, the limitations in Section 13 apply to EU Users only to the extent they are permissible under Directive 2019/770 and applicable national implementing legislation. EU Users are not bound by any limitation that excludes liability for conformity defects in digital services.

15.4 Online Dispute Resolution

15.4.1 The European Commission provides an Online Dispute Resolution (ODR) platform for EU consumers, accessible at: https://ec.europa.eu/consumers/odr. This platform facilitates the out-of-court resolution of disputes between consumers and traders. Delta's designated contact for ODR purposes is: legal@aiadvisor.fitness.

15.4.2 Delta participates in the ODR process in good faith. Use of the ODR platform does not affect your right to bring proceedings before a competent court.

16. Notice for US Users

Additional provisions for users in the United States

17. Governing Law and Dispute Resolution

17.1 Governing Law

17.1.1 This Agreement is governed by the law of the Republic of Poland, without reference to its conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

17.1.2 For EU Users: The choice of Polish law does not deprive EU consumers of the protection afforded by the mandatory provisions of the law of the member state in which they habitually reside. EU consumers may rely on any mandatory provisions of their own national law where those provisions offer greater protection than Polish law.

17.1.3 The App is subject to the GDPR as implemented in Polish law (Ustawa z dnia 10 maja 2018 r. o ochronie danych osobowych), and Delta's status as a Polish-established data controller is acknowledged.

17.2 Dispute Resolution

17.2.1 Both parties will attempt to resolve any dispute arising out of this Agreement informally in the first instance. Either party may initiate informal resolution by sending a written notice to the other's designated contact. The parties will endeavour to resolve the matter within 30 days.

17.2.2 EU Users: If informal resolution fails, EU Users may bring proceedings before: (a) the courts of Poland (Delta's domicile); or (b) the courts of the EU member state where the EU User is habitually resident. EU Users may also use the European Commission's Online Dispute Resolution platform (Section 15.4).

17.2.3 US Users — Arbitration Agreement: If informal resolution fails, disputes between Delta and US Users arising out of or relating to this Agreement, the App, or AI Content shall be resolved by binding individual arbitration administered by a recognised arbitration institution (such as JAMS or AAA) under their applicable rules. The place of arbitration shall be mutually agreed or, failing agreement, conducted remotely. YOU AND DELTA WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS, except as provided in Clause 17.2.4.

17.2.4 Notwithstanding Clause 17.2.3, either party may bring individual claims in a court of competent jurisdiction for: (a) claims that qualify for small claims court; (b) claims for injunctive or other equitable relief to prevent IP infringement or misuse of confidential information.

17.2.5 Data Protection Disputes: Disputes specifically relating to the processing of personal data under GDPR may be brought before UODO (the Polish data protection authority) or the supervisory authority in the Data Subject's EU member state, regardless of any other dispute resolution provision.

18. General Provisions

18.1 Entire Agreement

18.1.1 This Agreement (including the Privacy Policy, Consumer Health Data Policy, and AI Disclosure Statement incorporated by reference) constitutes the entire agreement between you and Delta regarding the App and supersedes all prior agreements, representations, and understandings relating to the same subject matter.

18.2 Severability

18.2.1 If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. This is particularly relevant to the limitation of liability provisions in Section 13 as applied to EU consumers.

18.3 Waiver

18.3.1 Failure by either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. A waiver is effective only if made in writing signed by an authorised representative of the waiving party.

18.4 Assignment

18.4.1 You may not assign or transfer your rights or obligations under this Agreement without Delta's prior written consent. Delta may assign this Agreement and its rights and obligations to a successor entity in connection with a merger, acquisition, or sale of substantially all its assets, provided that the successor assumes Delta's obligations under this Agreement and the Privacy Policy. You will be notified of any such assignment.

18.5 Force Majeure

18.5.1 Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: acts of God, war, civil unrest, pandemic, cyberattacks on infrastructure, failure of third-party platforms (including LLM Providers or the App Store / Google Play Store), or changes in law or regulation. The affected party shall notify the other as soon as practicable and take reasonable steps to minimise the impact.

18.6 Notices

18.6.1 Notices to Delta under this Agreement should be sent to: legal@aiadvisor.fitness or by post to Delta Auxilium Sp. z o.o., Ul. Bonarka 19/5, Kraków, Malopolskie, 30-415, Poland, Attn: Legal. Notices to you will be sent to your registered email address or delivered through the App.

18.7 Language

18.7.1 This Agreement is written in English. Where translations are provided, the English version prevails in the event of any conflict or ambiguity.

19. Contact Information

Schedule — Quick-Reference Index for Users

Find what you need fast

This schedule is a navigational aid. It does not modify any term of the Agreement.