Snugmeal
Terms of Service
The rules for using the Snugmeal app. Every chapter opens with a plain-language summary. The binding part follows it, in numbered sections.
In force from: 21 September 2026 (version 1)
This is the first version of the Terms. The App had not been made publicly available before. Every subsequent version will have its own number, date and permanent web address, and the Provider does not alter a version once published. The Polish version of these Terms is binding; this English text is a courtesy translation provided for convenience.
Chapter 1. General provisions
§ 1
- The provider is Olivier Babula, a natural person residing in Poland, conducting in his own name unregistered business activity (działalność nierejestrowana) (hereinafter: the „Provider"), not subject on that account to entry in the Central Register and Information on Business Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej) or in any other register of entrepreneurs.
- The Provider is an entrepreneur within the meaning of Article 43¹ of the Civil Code (Kodeks cywilny) and acts towards Users as an entrepreneur. Users who are Consumers enjoy the full rights arising from consumer protection law; the form in which the business is conducted does not limit those rights in any way.
- Contact details of the Provider:
a) e-mail address: contact@snugmeal.com,
b) telephone number: 796 158 878,
c) address: Kasperków 10A, 34-312 Międzybrodzie Bialskie, Poland. - The User may contact the Provider quickly and effectively using the details set out in para. 3. The e-mail address also serves for filing complaints, declarations of withdrawal from the Agreement and any other declarations connected with the Agreement; the Provider does not designate a separate complaints address. The Provider handles enquiries electronically and replies usually within 1–2 business days.
- Should the Provider obtain an entry in the Central Register and Information on Business Activity or a tax identification number, he will give notice of this under the procedure for amending the Terms (§ 50). Such a change affects neither the content of the Agreement nor the User's rights.
§ 2
- The Terms constitute terms of service for the provision of services by electronic means within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (ustawa o świadczeniu usług drogą elektroniczną) and set out the types and scope of the Services, the conditions for their provision, the conditions for concluding and terminating the Agreement, the User's obligations and the complaints procedure. The Terms also serve as the end user licence agreement required by the Distributor (Chapter 8).
- The Terms are made available free of charge and before the Agreement is concluded — in the App and on the Provider's website — in a manner allowing them to be downloaded, reproduced and saved as a file. Provisions not made available in this manner are not binding on the User.
- Each version of the Terms has its own date and permanent web address. The address of the version accepted by the User is included in the message confirming conclusion of the Agreement (§ 19). The Provider does not alter a version once published; a change of content means a new date and a new version (§ 50).
- At the User's request the Provider sends the text of the accepted version of the Terms free of charge by e-mail, in a form allowing it to be stored and reproduced.
§ 3
The terms used in these Terms mean:
- App — the Snugmeal mobile application for devices running iOS, made available through the Distributor.
- Service — the service provided by electronic means consisting in automatically composing proposals of meal sets and a shopping list for them, together with accompanying features.
- Account — the set of resources and settings maintained for the User in the Provider's ICT system, accessible after authentication.
- Profile — the data about the User and the User's preferences provided by the User, on the basis of which the Plan is created.
- Plan — the set of meal proposals generated for the User for a chosen week.
- Shopping list — the list of products with quantities and an estimated price, calculated from the Plan.
- Catalogue — the Provider's collection of recipes and products together with the data assigned to them, including allergen markings, nutritional values and prices; that data refers to the state as at the date the Catalogue was updated.
- Stores — the retail chains indicated in the App whose price lists the Provider takes into account when pricing the Shopping list.
- Subscription — the paid, automatically renewing entitlement to use the Service in full, acquired exclusively from the Distributor.
- Distributor — Apple, the operator of the App Store through which the App is made available and the Subscription is sold and settled.
- Agreement — the agreement for the provision of the Service by electronic means concluded between the Provider and the User; the Subscription constitutes its paid scope.
- Consumer — a natural person performing with the Provider a legal act not directly connected with that person's business or professional activity.
- Entrepreneur with consumer rights — a natural person concluding an Agreement directly connected with that person's business activity where it follows from the content of the Agreement that it is not of a professional character for that person.
- Durable medium — material or a tool enabling information addressed to the User to be stored in a way allowing access to it in the future for a period appropriate to its purpose and allowing it to be reproduced unchanged; for the Provider this is an e-mail message.
- Consumer Rights Act — the Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta).
- User — a natural person who has concluded the Agreement or is taking steps towards concluding it.
§ 4
- The provisions on consumers concerning distance contracts, conformity of performance with the contract and unfair contract terms apply to an Entrepreneur with consumer rights — to the extent arising from Article 7aa(1) of the Consumer Rights Act and Article 385⁵ § 1 of the Civil Code.
- The Provider does not make conclusion of the Agreement conditional upon a declaration as to whether the Agreement is of a professional character for the User.
- Wherever the Terms grant an entitlement to a Consumer, it is also vested in an Entrepreneur with consumer rights to the extent set out in para. 1.
Chapter 2. Nature of the Service and health disclaimers
§ 5
- The Service consists in the App composing proposals of meal sets for chosen days and a shopping list for those sets. The proposals are created automatically, on the basis of the data provided by the User in the Profile and the data in the Catalogue.
- The proposals constitute material for the User's decision. It is the User who decides what to buy and what to eat, and who prepares the meals.
- The Provider undertakes to act with due care when composing the proposals. The Provider does not undertake to achieve any health, weight or financial result.
- The manner described in paras. 1–3 constitutes the Provider's main performance and has been formulated unambiguously.
§ 6
- The Service is not a health service within the meaning of Article 2(1)(10) of the Act of 15 April 2011 on medical activity (ustawa o działalności leczniczej), nor advice given by a person practising a medical profession within the meaning of Article 2(1)(2) of that Act.
- The Provider does not diagnose illnesses, does not treat and does not conduct therapy, and does not compose a way of eating for the purpose of treating any illness.
- The proposals from the App are not an individual recommendation prepared by a person with professional qualifications and do not replace a consultation with a doctor.
- The Provider does not produce food, does not place it on the market and does not sell food products.
§ 7
- The User consults a doctor before starting to use the App's proposals if the User:
a) is pregnant or breastfeeding,
b) has a chronic illness, in particular diabetes or kidney disease,
c) is being treated or has been treated for an eating disorder,
d) takes medicines whose action may be affected by the way of eating,
e) has a diagnosed food allergy, in particular an allergy capable of causing a life-threatening reaction, or a food intolerance. - A consultation with a doctor is also required for any significant change in the way of eating, as well as for continued use of the Service if worrying symptoms appear after use has begun.
- If an allergic reaction or another sudden symptom occurs, the User stops using the proposals and seeks medical help.
§ 8
- The Service is intended for persons who have reached the age of 18; the rules and legal effects in this respect are set out in § 20.
- The Service is provided in Polish and English, in the territory of the Republic of Poland, on the basis of a Catalogue prepared for the Polish market; prices are given in Polish zloty.
Chapter 3. Scope of the Service and technical requirements
§ 9
- Within the Service the Provider makes available to the User:
a) the Profile — entering and changing the data on the basis of which the Plan is created,
b) a Plan for a chosen week together with nutritional values and an estimated cost,
c) the replacement of a single dish in the Plan with another of a similar energy value,
d) a Shopping list calculated from the Plan, together with the marking of items as to be bought or as already owned,
e) rating and marking favourite dishes,
f) a body weight journal,
g) messages from the Provider in the App and reminders scheduled by the App on the User's device,
h) downloading the Account data as a file and deleting the Account,
i) use of the App in Polish or English. - The scope of features available without a Subscription is set out in Chapter 7.
- The Provider may limit the number of Plan generations and recalculations in a billing period; the App informs the User that the limit has been used up. An attempt after which the User did not receive a Plan does not consume the limit.
- The list in para. 1 does not set aside the effect of the Provider's public statements, which remain a criterion of conformity of the Service with the Agreement (§ 43 para. 3).
§ 10
- The Catalogue comprises recipes and products to which the Provider assigns allergen markings, nutritional values and prices. The Catalogue has a finite number of items.
- The Provider updates the Catalogue periodically — adding and removing items and refreshing the Stores' price lists on the basis of data published by the retail chains. The markings and data refer to the state as at the date of the update.
- Changes to the Catalogue do not change Plans already generated. If a change to the Catalogue significantly and adversely affects the User's access to the Service or the use of it, § 49 applies.
- The images of dishes in the App and on the website are digitally generated images and are illustrative. They do not depict a specific portion prepared by the User or a specific package in a store.
§ 11
- A Plan is created solely at the User's request, for a specified week; there is one Plan for one week.
- The state of the Profile and the state of the price lists as at the moment of generation are attached to the Plan, so that a subsequent update of the price lists does not change the amount of the Shopping list during a week already begun.
- The Shopping list is calculated from the Plan: the ingredients of the week's meals are totalled, converted into whole packages and priced according to the price lists of the Stores chosen by the User.
- The App assumes that the User has at home products with a long shelf life and marks them as owned by default; it does not include those products in the amount monitored against the budget given in the Profile. The User marks the remaining items as owned himself or herself; the App never does so for the User.
- The User concludes the contract of sale of the products with the Store, not with the Provider. The amounts shown in the App are not an offer within the meaning of the provisions on the conclusion of contracts — neither on the part of the Provider nor on the part of the retail chain.
§ 12
- The Provider supplies the Service immediately after the Agreement is concluded. The Service is deemed supplied at the moment when the User or a device chosen by the User has obtained actual access to the features within its scope. The mere display of the Subscription offer screen does not constitute supply of the Service; until the purchase or the start of the trial period the Agreement remains free of charge.
- The Service is provided continuously for the duration of the Agreement, subject to the interruptions described in § 55.
- If the Provider makes the App available in the Google Play store, the Service will be provided on the same terms, subject to Google's conditions on distribution, payments and refunds.
§ 13
- The following are jointly required in order to use the Service:
a) an iPhone device with iOS in a version not lower than that indicated on the App's page in the App Store at the time of download,
b) an internet connection — the App downloads the Plan, the Shopping list and the Catalogue from the server,
c) an account with the Distributor — to download the App and to purchase the Subscription,
d) an Account in the App with a confirmed e-mail address and an active e-mail address to which the Provider sends declarations connected with the Agreement. - The Provider does not ensure compatibility of the App with devices other than those indicated in para. 1(a) or with a modified operating system. The Provider applies no limit on the number of installations or devices.
- The App applies no technical protection measures restricting access to content beyond Account authentication and the Subscription check.
- Interoperability. The App does not exchange data with other health or nutrition applications. The only way to transfer data outside is to download a file with the Account data, in a machine-readable format.
- If the User's digital environment does not meet the requirements in para. 1, the presumptions concerning lack of conformity of the Service with the Agreement do not apply (§ 44 para. 2).
§ 14
- The Provider informs about updates to the App necessary to keep the Service in conformity with the Agreement, including security updates, and supplies them for the duration of the Agreement. Updates are made available through the Distributor.
- If the User fails to install within a reasonable time an update of which the User was informed together with information on the consequences of failing to install it, and the method of installation was described correctly, the Provider is not liable for lack of conformity of the Service with the Agreement resulting solely from the absence of that update.
- The Provider supplies the User with the latest version of the App available at the time the Agreement is concluded.
- Discontinuing support by the Provider's server for an earlier version of the App is a change to the Service and takes place under § 48 and § 49. Paragraph 2 is not an independent basis for it.
§ 15
- On the User's device the App stores only the data necessary to provide the Service requested by the User — the signed-in state, the messages displayed in the App, the reminder settings and the setting of consent to usage analytics and crash reports. The Plan, the Shopping list and the Profile data are stored on the Provider's server.
- The use of services provided by electronic means involves particular risks, in particular the possibility of an unauthorised person taking over access to the Account, the risk of interception of data transmitted over the internet and the possibility of receiving messages impersonating the Provider. The Provider never asks for a password by e-mail or by telephone.
- The Provider encrypts connections from the App to the server and limits the number of sensitive requests.
- The details of the processing of personal data, including data stored on the device, are set out in the Privacy Policy (§ 60).
Chapter 4. The Account and conclusion of the Agreement
§ 16
- An Account is created in the App using an e-mail address and a password or through a Google account or an Apple account. The User sets the password with the authentication provider; the Provider does not know and does not store the User's password.
- Confirmation of the e-mail address is a condition of using the Service. The address is confirmed by a link or a code sent by the Provider to that address. An Account with an unconfirmed address does not obtain access to the features of the Service.
- The number of requests to send a message with an activation link or with a link to set a new password is limited.
§ 17
- When creating an Account the User makes three separate declarations, each by ticking a separate box:
a) acceptance of the Terms and confirmation of having read the Privacy Policy,
b) consent to the processing of health-related data for the purpose of composing meal proposals,
c) acceptance of the characteristics of the Service described in § 25. - None of the boxes is pre-ticked, and the absence of any of them makes it impossible to create an Account. The declarations are independent of one another.
- The declaration referred to in para. 1(b) is consent within the meaning of data protection law. The Profile data are necessary to provide the Service, and therefore giving this consent is a condition of creating an Account and using the Service. The consent may be withdrawn at any time; the manner of withdrawal and its effects are set out in § 60.
- The Provider records the content and the version of each declaration that the User saw at the time of making it.
§ 18
- The Agreement is concluded at the moment the Account is created, that is at the moment when the declarations referred to in § 17 para. 1 and the request to create an Account reached the Provider's ICT system in a manner enabling their content to be read.
- The Agreement is concluded for an indefinite period and is free of charge as regards the Account itself. The paid scope of the Service is set out in Chapter 7.
- Conclusion of the Agreement does not oblige the User to purchase a Subscription.
§ 19
- Immediately after the Agreement is concluded the Provider sends the User, to the e-mail address provided, confirmation of conclusion of the Agreement on a durable medium. The message contains:
a) the date on which the Agreement was concluded,
b) the identification of the Account,
c) instruction on the right to withdraw from the Agreement within 14 days together with the address to which the declaration is to be sent,
d) the address of the permanent version of the Terms accepted by the User and the address of the current version. - The message announces that the text of the accepted version of the Terms will be sent free of charge upon request (§ 2 para. 4).
- Failure to send the confirmation for technical reasons does not affect conclusion of the Agreement, but does not release the Provider from the obligation to send it.
§ 20
- Only a person who has reached the age of 18 may conclude the Agreement. The App does not allow a person who has indicated a lower age to proceed; the Provider's server checks the same condition when saving the Profile.
- A legal act of a person who has not reached the age of 13 is invalid (Article 12 in conjunction with Article 14 § 1 of the Civil Code), unless the case referred to in Article 14 § 2 applies. The validity of an Agreement concluded without the required consent of a legal representative by a person who has reached the age of 13 and has limited capacity to perform legal acts depends on confirmation by that representative (Articles 15, 17 and 18 § 1 of the Civil Code).
- Having learnt that an Account belongs to a person who has reached the age of 13 but not the age of 18, the Provider sets the person's legal representative an appropriate time limit to confirm the Agreement, not shorter than 14 days (Article 18 § 3 of the Civil Code), and informs the representative of this at the e-mail address assigned to the Account. The Provider does not invoke the absence of the legal representative's consent. The Provider deletes the Account together with the data only after the time limit has expired without effect or after confirmation has been refused. The Provider deletes the Account of a person who has not reached the age of 13 immediately, giving notice at the same address.
- If the Agreement is invalid or has not been confirmed, the Provider refunds all fees collected in full, immediately and no later than within 14 days; § 41 paras. 3 and 4 apply. Deletion of the Account does not release the Provider from this obligation.
Chapter 5. The User's obligations
§ 21
- The User creates one Account for himself or herself and does not share it with third parties. The User provides a true and active e-mail address and takes care of the confidentiality of the password and login data; the User notifies the Provider immediately of any suspicion of access by an unauthorised person.
- The User provides true and current data in the Profile and updates them without delay when any of the information provided changes — in particular body weight, goal, way of eating, allergens or the chosen Stores. A change to the Profile applies to Plans composed after it is saved; it does not change a Plan already composed.
- For the purpose of establishing the cause of a reported lack of conformity of the Service with the Agreement, the User cooperates with the Provider to a reasonable extent and using the least intrusive technical means for the User. The Provider does not request access to the User's device or to data outside the Account.
§ 22
- Before every purchase and before every meal the User checks the product label. The composition and allergen warnings placed on the package determine what is in that particular package.
- Responsibility for the presence and accuracy of food information, including for indicating ingredients causing allergies and intolerance reactions, lies with the operator under whose name or business name the food is placed on the market (Article 8(1) and (2) of Regulation (EU) No 1169/2011). The Provider is not that operator: he does not produce food, does not place it on the market and has no sight of the package the User takes off the shelf.
- The composition of products changes without notice, and the same product is sometimes sold in several versions. The data in the App come from the Catalogue and may not correspond to the package the User is holding.
- If the label differs from what the App shows, the label prevails. The difference may be reported to the Provider; the Provider corrects the Catalogue at the next update.
- The obligation under para. 1 applies to every product, including one that the App has shown as compatible with the allergens indicated in the Profile. This provision does not release the Provider from liability for the correctness of the Catalogue data (§ 43 paras. 4 and 5) and does not change the criteria of conformity of the Service with the Agreement.
§ 23
- The User indicates allergens and intolerances in the Profile before the first Plan is generated and updates them without delay after each change.
- Indicating an allergen triggers the filtering described in § 26 only for Plans composed after the change is saved. A Plan composed earlier is not recalculated automatically.
§ 24
- The User uses the App in accordance with the law and the Terms. The User is prohibited from supplying content of an unlawful nature.
- The User does not take action aimed at circumventing authentication, request limits or the Subscription check, at automatically downloading the content of the Catalogue, at disrupting the operation of the Service, or at reverse engineering the App's source code beyond the cases permitted by law.
- The User complies with the terms of third parties applicable to the use of the App, in particular the Distributor's terms and those of the login provider.
- The Provider does not limit or exclude his liability by the provisions of this Chapter. The obligations described in this Chapter are relevant to establishing whether and to what extent the injured party contributed to the occurrence or increase of damage (Article 362 of the Civil Code); that effect arises from statute and the Terms do not extend it.
Chapter 6. Characteristics of the Service and their separate acceptance
§ 25
- The Provider sets out below the characteristics of the Service that depart from what could in normal circumstances be expected of a service of this kind:
a) the limits of allergen filtering — the filter works on the composition of Catalogue items as at the date of its update and does not take into account cross-contamination, „may contain" warnings or recipe changes (§ 26),
b) the estimated nature of energy values and macronutrients (§ 27),
c) the estimated nature of product prices and of the Shopping list amount (§ 28). The description is made available to the User no later than at the time the Agreement is concluded. - The User expressly and separately accepts the absence of the features described in § 26–28 by ticking, when creating the Account, the separate box referred to in § 17 para. 1(c). The box is separate from the other declarations and is not pre-ticked.
- The acceptance referred to in para. 2 concerns only the characteristics listed in § 26–28 and only the conformity criteria referred to in Article 43k(2) and (3) of the Consumer Rights Act. It does not concern the criteria in Article 43k(1) of that Act, including the description, type, quantity, quality, completeness, functionality, compatibility and interoperability of the Service agreed in the Agreement. Nor does it concern:
a) the Provider's liability for personal injury or for damage caused intentionally,
b) what the Provider has expressly promised in the description of the Service — if the Service is to filter allergens, the filtering must work to the extent described,
c) errors in the Catalogue itself (§ 43 para. 5),
d) the provisions of § 29 and § 30, which describe how the Service operates and belong to the characteristics agreed in the Agreement. - The Provider ensures that the Service remains in conformity with the Agreement throughout the period of its supply, taking into account the characteristics described in this Chapter.
§ 26
- The allergen filter works on the composition of Catalogue items, as at the date of the Catalogue's update. The Provider removes from the proposals recipes and products marked in the Catalogue as containing the ingredient indicated by the User; a doubtful case is marked as containing the allergen.
- The filter does not work on the label of a specific product in a store. The Provider does not test products, does not read packages and does not know the version of the product the User will take off the shelf. The filter does not take into account recipe changes made between Catalogue updates.
- The filter does not take into account cross-contamination or trace amounts. „May contain" warnings come from the manufacturer and as a rule do not cause a Catalogue item to be marked; the exception is peanuts, tree nuts and sesame, for which the Provider also takes such warnings into account. If the User reacts to trace amounts, filtering in the App alone is not sufficient.
- Before a recipe is rejected, the App may substitute an ingredient with a variant free of the allergen concerned; the filter works on the substituted product on the same terms and with the same limits.
- Disliked ingredients are not allergens. Items chosen from the list prepared by the Provider are excluded on the basis of the Catalogue's ingredient markings, whereas items entered by the User independently are excluded by product name, so the matching is then less precise. Such exclusion does not replace indicating an allergen in the Profile.
- For the reasons described in paras. 1–5, filtering in the App is an aid to choice, not a safeguard. The safeguard is checking the label (§ 22).
- The Provider does not ensure that the Service is suitable for use by persons with an allergy capable of causing a life-threatening reaction.
§ 27
- The energy values and macronutrient content given in the App are estimates. They come from the Catalogue data and from the product pages of the Stores.
- The values relate to the weights assumed in the recipe. The actual value of a meal depends on the specific product, the method of preparation, the measuring of ingredients and losses during processing, and therefore may differ from the value given.
- The Provider does not ensure that the values given match the result of a laboratory measurement or the data of another application calculating nutritional values.
§ 28
- The product prices and Shopping list amounts given in the App are estimates. They come from the price lists of the Stores chosen by the User, refreshed periodically on the basis of data published by the retail chains, and relate to whole packages.
- The prices do not take into account promotions, coupons, loyalty prices or differences between individual points of sale. The prices used in a Plan are frozen at the moment it is generated, so the price in the store on the day of shopping may be different.
- The Shopping list amount is not the amount the User will pay at the checkout. The weekly budget given in the Profile relates to the Shopping list amount reduced by the products marked as owned (§ 11 para. 4) and is not a promise of the amount at the checkout.
§ 29
- The provisions of § 29 and § 30 are not covered by the separate acceptance referred to in § 25 para. 2; they describe how the Service operates.
- The App estimates daily energy requirements on the basis of the Profile data and then adjusts them for the goal and pace given in it. This is a population-level estimate, not a measurement of the User.
- The lower limit of the daily energy target is 1,000 kcal; the App will not accept a lower target, even if it would follow from the pace given.
- The other thresholds, in particular those relating to the pace of body weight change, are warnings, not restrictions: the App informs about them but does not block the choice.
- The Provider does not ensure that the estimated requirement corresponds to the User's individual requirement. That assessment is for a doctor (§ 7).
§ 30
- The Catalogue has a finite number of recipes and products. Where many restrictions apply at once — in particular a narrow way of eating, several allergens, many disliked ingredients, a low budget or a short cooking time — the Plan may fail to be composed. The App informs about this and indicates which settings can be relaxed.
- The situation described in para. 1 is not a defect of the Service or a lack of its conformity with the Agreement.
- A Plan may also be composed with a compromise — exceeding the budget or with a day outside the assumed range — if the week cannot be composed otherwise. The App informs about this alongside the Plan.
- Repetitions of dishes within a week and between weeks are normal operation of the Service, not a defect of it.
Chapter 7. Subscription and payments
§ 31
- The Subscription covers the entire scope of the Service, including composing and recalculating Plans and replacing a dish.
- Without an active Subscription or an ongoing trial period the App will not compose the first Plan. The User is then taken to the offer screen, from which the following are available: purchase of the Subscription, restoration of an earlier purchase, signing out, deleting the Account, contacting the Provider, and the text of the Terms and of the Privacy Policy. The remaining screens of the App are available only beyond that screen.
- A User held at the offer screen withdraws consent and obtains the User's data by sending a request to the address in § 1 para. 3(a). The Provider carries out such a request free of charge, within the time limits set out in the Privacy Policy.
- The Provider does not offer a free subscription plan; the only free route to the first Plan is the trial period (§ 32).
§ 32
- The trial period lasts 7 days and is available once per account with the Distributor, not once per User or once per Account in the App.
- During the trial period the User incurs no charges. After it ends the Distributor charges the fee for the chosen billing period, unless the User turns off renewal at least 24 hours before the end of the trial period.
- If the User has already used the trial period, the offer in the App states the price straight away. The length of the trial period shown on the offer screen at the time of purchase applies.
§ 33
- The Subscription prices are:
a) PLN 29.99 for a period of 1 month,
b) PLN 59.99 for a period of 3 months — approximately PLN 20.00 per month,
c) PLN 169.99 for a period of 12 months — approximately PLN 14.17 per month. - These are total prices inclusive of taxes, including value added tax. The Provider adds no other charges; the User bears no costs of using the means of distance communication beyond the charges of the User's own internet provider.
- The fee is charged once for the whole billing period, in advance. The monthly amounts given in para. 1(b) and (c) are a conversion of the price for the billing period, given for guidance, and serve to compare offers. The Subscription includes no additional charges, usage or separately billed limits.
- The price shown in the App Store at the time of purchase is the price the User actually pays. If it is higher than the price indicated in para. 1, the User is bound by the price in para. 1 and the Provider refunds the difference on the terms in § 41 paras. 3 and 4; if it is lower, the lower price applies. The prices indicated in para. 1 apply to Poland. Information about prices is not an offer, but an invitation to conclude a contract.
- The Provider does not apply individual price adjustment based on automated decision-making.
§ 34
- The Subscription may be acquired solely as an in-app purchase settled by the Distributor. The Distributor sells the Subscription in its own name but for the account of the Provider: it is the store in which the User buys, and it is the Distributor that accepts payment.
- The agreement for the provision of the Service binds the User and the Provider, so the User addresses a declaration of withdrawal, a complaint and a refund request to the Provider (Chapters 9 and 10). The Provider does not accept payments directly and does not store payment card data or other payment data.
- Payment is made at the time of purchase and, on renewal, within the time applied by the Distributor, in advance for the next billing period. If payment for a renewal fails, the Distributor may grant a grace period; during that time the User retains access to the Service.
- A User who has changed device or reinstalled the App regains access by restoring the purchase, without paying again.
- Promotional codes are handled solely by the Distributor's mechanism. The Provider does not operate a code mechanism of his own; the terms of a promotion follow from the content of the particular code.
§ 35
- The Subscription renews automatically for a further period of the same length until the User turns off renewal.
- Renewal is turned off in the settings of the account with the Distributor, at least 24 hours before the end of the current billing period. The Provider cannot turn off renewal on the User's behalf.
- Turning off renewal does not shorten a period already paid for — access lasts until its end.
- The minimum duration of the User's commitment corresponds to the chosen billing period. The Agreement provides for no longer commitment, no contractual penalties and no charges for early termination.
- Deleting the Account does not cancel the Subscription — it is turned off separately with the Distributor (§ 52).
§ 36
- A change in the Subscription price takes place under the procedure provided by the Distributor and does not cover a period already paid for. The User is informed of a price change in advance; an increase in price requires the User's consent or, under the Distributor's procedure, the express absence of objection, and the absence of that ends renewal. A change in price is a change to the Terms as regards § 33 para. 1 and takes place under § 50.
- Refunds of payments are also made by the Distributor, under its own rules, on a request submitted on its website; the Provider does not examine requests submitted in that way. That route is additional and does not limit the User's rights against the Provider, in particular the right of withdrawal from the Agreement (Chapter 9) or the rights arising from lack of conformity of the Service with the Agreement (Chapter 10).
- Where the Provider is obliged to refund the price, the refund is made using the same means of payment, unless the User expressly agrees to another means involving no costs for the User.
Chapter 8. The Distributor's terms
§ 37
In connection with the App being made available through the Distributor, the User acknowledges that:
- these Terms bind only the User and the Provider; the Distributor is not a party to the Agreement, and the Provider alone is responsible for the App and its content. The Terms do not establish usage rules for the App that conflict with the Distributor's media services terms (Apple Media Services Terms and Conditions) (Acknowledgement);
- the licence to use the App is non-exclusive and non-transferable and covers use of the App on Apple-branded devices that the User owns or controls, as permitted by the Usage Rules set by the Distributor; access may also be obtained by accounts associated with the User through Family Sharing, volume purchasing or a legacy contact (Scope of License);
- the Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; support is provided by the Provider at contact@snugmeal.com (Maintenance and Support);
- the Provider alone is responsible for any warranties relating to the App; in the event of any failure of the App to conform to any applicable warranty, the User may notify the Distributor, and the Distributor — in accordance with its terms — may refund the purchase price for the App, if any was paid; beyond that the Distributor has no other warranty obligation whatsoever with respect to the App (Warranty);
- the Provider, and not the Distributor, is responsible for addressing any claims of the User or a third party relating to the App or the User's use of it, including claims relating to product liability, any claim that the App fails to conform to any applicable legal requirement, and claims arising under consumer protection legislation (Product Claims);
- in the event of any third-party claim that the App or the User's use of it infringes that third party's intellectual property rights, the Provider is solely responsible for the investigation, defence, settlement and discharge of any such claim (Intellectual Property Rights);
- the User represents that (i) the User is not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a „terrorist supporting" country, and (ii) the User is not listed on any United States Government list of prohibited or restricted parties; the requirement to make this representation arises from the Distributor's terms (Legal Compliance);
- the name, address and contact details of the Provider, to which questions, complaints and claims relating to the App are to be addressed, are set out in § 1 (Developer Name and Address);
- the User must comply with applicable third-party terms of agreement when using the App, in particular the terms of the account with the Distributor and the User's telecommunications services agreement (Third-Party Terms of Agreement);
- the Distributor and its subsidiaries are third-party beneficiaries of these Terms and, upon the User's acceptance of them, have the right to enforce their provisions against the User (Third-Party Beneficiary).
§ 38
- These Terms serve as the end user licence agreement indicated by the Provider in App Store Connect in place of the Distributor's standard template.
- The provisions of § 37 do not limit the Provider's liability towards the User to an extent broader than the applicable law permits, and do not set aside the consumer rights described in Chapters 9 and 10. In the event of a conflict between § 37 and a provision protecting a Consumer, the statutory provision prevails.
- A refund of the price by the Distributor, referred to in § 37 point 4, is an additional route within the meaning of § 36 para. 2.
Chapter 9. Right of withdrawal from the Agreement
§ 39
- A Consumer who has concluded the Agreement at a distance may withdraw from it within 14 days without giving a reason and without incurring costs.
- The period runs:
a) for the Agreement as regards the Account — from the day it is concluded,
b) for the Subscription — from the day it is acquired from the Distributor; for the purposes of this provision each renewal of the Subscription is treated as the acquisition of a further period. - It is sufficient to send the declaration before the period expires.
- The right under para. 1 is also vested in an Entrepreneur with consumer rights.
§ 40
- A declaration of withdrawal may be submitted by e-mail to contact@snugmeal.com or by post to the address indicated in § 1 para. 3(c).
- The model form set out in Annex 1 to the Terms may be used for this purpose; its use is not obligatory — any unequivocal declaration of withdrawal is sufficient.
- The Provider confirms receipt of the declaration without delay.
§ 41
- In the event of withdrawal the Agreement is deemed not to have been concluded.
- In the event of withdrawal from the Agreement as regards the Account, the Provider refunds to the Consumer all payments made by the Consumer. In the event of withdrawal from the Subscription, the Provider refunds the price for the billing period to which the withdrawal relates. The refund is made immediately and no later than within 14 days of receipt of the declaration of withdrawal.
- Since payment for the Subscription is accepted by the Distributor, the refund is made as a rule by the same route — through the Distributor. The Provider then applies to the Distributor and confirms to it the effectiveness of the withdrawal.
- The obligation to refund rests on the Provider and does not depend on the Distributor's decision. If, within the period in para. 2, the funds do not reach the User by the Distributor's route, the Provider refunds them directly — by bank transfer to an account indicated by the User or by another means indicated by the User involving no costs for the User. The User is under no obligation to submit a request to the Distributor or to demonstrate that such a request was submitted.
- After withdrawal the Provider deletes the Account together with the data, unless the User expressly requests that it be retained within the free-of-charge scope.
§ 42
- The right of withdrawal from a contract for the supply of digital content or a digital service against payment of a price expires only where all the conditions in Article 38(1)(13) of the Consumer Rights Act are met jointly: the Consumer expressly and in advance consented to performance beginning before the withdrawal period expired, was informed before performance began that after its completion the right of withdrawal would be lost, acknowledged this, and the Provider provided the Consumer with confirmation of conclusion of the Agreement on a durable medium.
- The Provider does not collect from the User the declarations referred to in para. 1. The right of withdrawal therefore does not expire by reason of the Service having begun to be used or of the trial period having been started; the Consumer retains it for the full 14 days.
- If the Provider introduces a mechanism for collecting such declarations, the change will be announced under the procedure for amending the Terms (§ 50) and will apply only to agreements concluded after it enters into force.
- The Consumer bears no costs of withdrawal; the Provider does not demand payment for the time the Service was used before withdrawal.
- From the day of receipt of the declaration of withdrawal the Provider does not use content created or supplied by the Consumer in the course of using the Service, other than personal data, save in the cases set out in Article 32a(1) of the Consumer Rights Act. At the Consumer's request the Provider makes such content available free of charge, in a machine-readable format (§ 53 para. 3).
Chapter 10. Conformity of the Service with the Agreement and complaints
§ 43
- The Provider bears statutory liability towards the Consumer for conformity of the Service with the Agreement on the terms set out in Chapter 5b of the Consumer Rights Act. These rights exist alongside the refund route operated by the Distributor (§ 36 para. 2).
- The Service is in conformity with the Agreement if, in particular, its description, type, quantity, quality, completeness, functionality, compatibility and interoperability, as well as the availability of technical support and updates, are in conformity with the Agreement, and if it is fit for the purpose for which it is normally used and corresponds to the Provider's public statements (para. 3).
- Public statements made by the Provider, in particular in the App and on the website, constitute a criterion of conformity of the Service with the Agreement. The Provider may invoke the fact that a public statement does not bind him only in the cases set out in Article 43k(2)(2) of the Consumer Rights Act. If the statement is broader than the description in the Terms, the meaning more favourable to the User applies.
- The characteristics described in § 26–28 and separately accepted in accordance with § 25 para. 2 do not constitute a lack of conformity of the Service with the Agreement as regards the criteria referred to in Article 43k(2) and (3) of the Consumer Rights Act. It is, however, in particular a lack of conformity with the Agreement if the Service fails to exclude from the proposals a Catalogue item marked with an allergen indicated by the User in the Profile, even though such a marking existed in the Catalogue at the time the Plan was composed.
- An error in the Catalogue itself is also a lack of conformity with the Agreement: the absence of an allergen marking on an item whose composition — known to the Provider on the date of the last update of the Catalogue — contained that allergen, and the absence of a marking on an item for which the manufacturer gave a „may contain" warning concerning peanuts, tree nuts or sesame (§ 26 para. 3). The acceptance under § 25 para. 2 does not cover such errors — it covers only the limits of the method described in § 26 paras. 2–4.
§ 44
- The Service is supplied continuously. The Provider is liable for a lack of conformity with the Agreement that occurred or became apparent during the period in which the Service was to be supplied. It is presumed that a lack of conformity that became apparent during that period occurred during it.
- The presumption in para. 1 does not apply if the User's digital environment does not meet the technical requirements in § 13, of which the Provider informed the User clearly and comprehensibly before the Agreement was concluded, or if the User does not cooperate with the Provider in establishing the cause of the lack of conformity (§ 21 para. 3).
§ 45
- If the Service is not in conformity with the Agreement, the User may demand that it be brought into conformity. The Provider may refuse if this is impossible or would require excessive costs.
- Bringing the Service into conformity takes place within a reasonable time of notification, without excessive inconvenience to the User and at the Provider's expense.
- The User may make a declaration of price reduction or of withdrawal from the Agreement where:
a) bringing the Service into conformity is impossible or requires excessive costs,
b) the Provider has not brought the Service into conformity in accordance with para. 2,
c) the lack of conformity persists although the Provider has attempted to remove it,
d) the lack of conformity is so significant as to justify withdrawal or a price reduction without first demanding that the Service be brought into conformity,
e) it is clear from the Provider's statement or from the circumstances that he will not bring the Service into conformity within a reasonable time or without excessive inconvenience. - The reduced price must remain in such proportion to the price under the Agreement as the value of the Service not in conformity with the Agreement remains to the value of the Service in conformity with it; where supply is continuous, the duration of the lack of conformity is taken into account.
- Withdrawal is not permitted where the lack of conformity is insignificant; that limitation applies only to a Service supplied against payment of a price. A lack of conformity is presumed to be significant.
§ 46
- The Provider is not entitled to demand payment for the time during which the Service was not in conformity with the Agreement, even if the User in fact used it.
- A refund of the price due as a result of withdrawal or a price reduction is made immediately and no later than within 14 days of receipt of the declaration, using the same means of payment (§ 36 para. 3).
§ 47
- A complaint may be submitted to contact@snugmeal.com or by post to the address in § 1 para. 3(c). A complaint does not require a form.
- It is helpful to state in the complaint the e-mail address assigned to the Account, a description of the problem, the day and approximate time it occurred and the User's demand. The absence of any of these elements is not a ground for not examining the complaint.
- The Provider examines the complaint and replies within 14 days of receiving it, on a durable medium. The reply contains the Provider's position together with reasons and, where the complaint is upheld, the manner and time of settling it.
- If the Provider does not reply within the period in para. 3, the complaint is deemed upheld (Article 7a(2) of the Consumer Rights Act).
- Technical support is provided by the Provider. The Provider gives no guarantee within the meaning of the Civil Code; this does not limit statutory liability for conformity of the Service with the Agreement.
Chapter 11. Changes to the Service and amendments to the Terms
§ 48
- The Provider may change the Service beyond what is necessary to keep it in conformity with the Agreement only for the valid reasons set out below and without any costs for the User. Those reasons are:
a) the addition or change of features that do not reduce the scope of the Service, and the removal of a feature whose maintenance has become impossible or would require excessive costs as a result of circumstances beyond the Provider's control,
b) a change or update of the Catalogue,
c) adaptation of the App to a new version of the operating system or a change in the terms on which the Distributor or a supplier whose services the Provider uses in providing the Service performs its services,
d) the need to adapt the Service to a change in the law or to a decision of an authority or a court,
e) the removal of a vulnerability or another threat to the security of Users' data. - The Provider gives notice of a change to the Service clearly and comprehensibly — in the App or by e-mail.
- The list of reasons in para. 1 is exhaustive. The Provider does not reserve the right unilaterally to change essential features of the performance beyond those reasons, or the right to interpret the Terms with binding effect.
§ 49
- If a change referred to in § 48 para. 1 significantly and adversely affects the User's access to the Service or the use of it, the Provider informs the User on a durable medium, with appropriate advance notice, stating the features and the date of the change and giving instruction on the right under para. 2.
- The User is then entitled to terminate the Agreement without notice, within 30 days of the day on which the User was informed of the change or of the day the change was made, whichever is later.
- The right under para. 2 does not apply if the Provider provides the User — at no additional cost — with the possibility of retaining the Service in conformity with the Agreement in an unchanged state.
§ 50
- The Provider may amend the Terms only for valid reasons, which are:
a) a change in the law or in its binding interpretation affecting the content of the Terms,
b) a decision of a court or authority, including the President of the Office of Competition and Consumer Protection, affecting the content of the Terms,
c) adaptation of the content of the Terms to a change to the Service made in accordance with § 48 para. 1 — without extending the User's obligations beyond the scope arising from that change,
d) a change in the Provider's details,
e) a change in the Subscription price resulting from an increase in the costs of providing the Service, a change in tax rates or a change in the Distributor's settlement terms,
f) a change in the conditions required by the Distributor,
g) the removal of ambiguities, editorial errors or inconsistencies in the text of the Terms — without changing the rights and obligations of the parties. - The Provider gives notice of an amendment to the Terms on a durable medium, at least 14 days before it enters into force and, in the case of an Agreement covering a Subscription, at least 30 days before that day. The notice states the content of the amendment or the document in its new wording and the day the amendment enters into force.
- The amended Terms bind the User unless the User terminates the Agreement before the day the amendment enters into force. Termination is free of charge and takes place by deleting the Account (§ 51) or by a declaration sent to the address in § 1 para. 3(a).
- An amendment to the Terms does not affect Subscription periods already paid for or Plans already generated. The previous wording of the Terms applies to events occurring before the day the amendment enters into force.
- Each version of the Terms remains available at the permanent address indicated in § 2 para. 3 also after a subsequent version enters into force.
Chapter 12. Termination of the Agreement and deletion of the Account
§ 51
- The User may terminate the Agreement at any time without giving a reason and without costs, by deleting the Account in the App or through the page snugmeal.com/delete-account, which also describes the route by e-mail for persons who no longer have access to the App.
- Deleting the Account requires re-confirmation of identity. Termination takes effect at the moment the Account is deleted.
- Deletion of the Account is permanent and irreversible. The following are deleted in particular: the Account, the Profile, Plans, Shopping lists together with their markings, favourites, dish ratings, body weight journal entries, the record of consents and the billing data maintained by the Provider. An anonymised entry in the security event log remains, with no link to the User; the retention periods and grounds are set out in the Privacy Policy.
§ 52
- Deletion of the Account is termination of the Agreement but does not cancel the Subscription with the Distributor. Until the User turns off renewal in the settings of the account with the Distributor, charges will continue to be collected.
- If at the time of the request the Subscription is active and renewing automatically, the App warns of this and allows the User to choose whether to turn off renewal with the Distributor first or to delete the Account nonetheless. The warning is not a block — the decision is the User's.
- No remuneration is due to the Provider for billing periods falling after deletion of the Account. If, despite deletion of the Account, the Distributor has charged a fee for a further period, the Provider refunds it in full upon a request sent to the address in § 1 para. 3(a) — immediately and no later than within 14 days of receiving the request. § 41 paras. 3 and 4 apply; the User does not have to apply to the Distributor for this purpose.
§ 53
- Before deleting the Account the User may download his or her data free of charge in a machine-readable file. A User held at the offer screen (§ 31 para. 3) receives that file upon a request sent to the address in § 1 para. 3(a).
- After the Account is deleted the data cannot be restored.
- In the event of withdrawal from the Agreement or its termination, the Provider at the User's request and at his own expense makes available to the User the content created or supplied by the User, other than personal data, in a machine-readable format, subject to Article 32a(1) of the Consumer Rights Act. The Provider makes available content created jointly with other persons notwithstanding that reservation.
§ 54
- The Provider may restrict access to the Service or terminate the Agreement only for valid reasons, which are:
a) a significant breach by the User of the obligations under § 24,
b) use of the Account by a person who has not reached the age of 18 (§ 20 paras. 3 and 4),
c) use of the Service in a manner prejudicial to the security of other Users' data,
d) permanent discontinuation of the provision of the Service by the Provider. - The notice period is 14 days in the cases in para. 1(a)–(c) and at least 30 days in the case in para. 1(d). Immediate restriction, without notice, is permissible only in the cases in para. 1(a) and (c), where continued use threatens the security of the Service or of data; the Provider then informs the User of the reason at the e-mail address assigned to the Account.
- A complaint under § 47 may be made against a restriction of access and against termination. The Provider restores access if the reason has ceased to exist or has proved unfounded.
- In the event of permanent discontinuation of the provision of the Service, the Provider gives notice of this at least 30 days in advance on a durable medium, enables the data to be downloaded and refunds the unused part of the fee.
§ 55
- The Provider may introduce technical interruptions necessary for maintenance, updates or the removal of faults. He gives notice of planned interruptions where possible. Contact with the Provider remains possible during an interruption.
- The Provider has a remote switch that stops the App from operating. The switch serves solely situations threatening the security of data or a serious fault and is not a means of circumventing the procedure for terminating the Agreement.
- Interruptions do not release the Provider from liability for conformity of the Service with the Agreement; § 46 para. 1 applies.
- If an interruption caused by the switch lasts longer than 24 hours, the Provider notifies the User of this on a durable medium. If it lasts longer than 7 days, the User may terminate the Agreement with immediate effect, and the Provider refunds the unused part of the fee for the billing period, on the terms in § 41 paras. 3 and 4.
Chapter 13. Liability and intellectual property
§ 56
- The Provider is liable for non-performance or improper performance of the Agreement on general principles, in particular in accordance with Article 471 of the Civil Code. For the acts and omissions of persons and entities to whom he has entrusted performance of the obligation he is liable as for his own (Article 474 of the Civil Code).
- The Terms do not exclude or limit the Provider's liability:
a) for personal injury,
b) for damage caused intentionally,
c) for lack of conformity of the Service with the Agreement,
d) in other cases in which exclusion or limitation of liability is not permissible towards a Consumer. - A provision contrary to para. 2 is invalid and generally applicable law applies in its place. The Provider does not reserve in his favour any monetary or temporal limitation of liability towards a Consumer.
§ 57
- If the injured party contributed to the occurrence or increase of the damage, the obligation to redress it is reduced accordingly in the light of the circumstances, in particular the degree of fault of both parties (Article 362 of the Civil Code).
- In the assessment referred to in para. 1, the User's obligations described in Chapter 5 may be relevant, in particular checking the label (§ 22) and stating and updating allergens in the Profile (§ 23). Paragraphs 1 and 2 do not transfer to the User the risk of improper performance of the Agreement by the Provider and do not release him from liability; the legal effect arises solely from statute and is assessed in the circumstances of the particular case.
- The obligation to check the label does not transfer to the User the effects of a lack of conformity of the Service with the Agreement within the meaning of § 43 paras. 4 and 5. If the App proposed an item contrary to an allergen marking existing in the Catalogue or contrary to the marking obligation in § 26 paras. 1 and 3, the User's failure to check the label is not in itself contributory conduct.
§ 58
- The Provider is not liable for non-performance or improper performance of the Agreement resulting from circumstances for which he bears no responsibility — in particular force majeure, a failure on the part of the User's internet provider, a failure of the User's device or the action of a public authority.
- The Provider's performance consists of proposals (§ 5), and the decision what to buy and what to eat is made by the User. The Provider is not liable for the consequences of decisions taken by the User contrary to a proposal or outside it. The Provider is liable for the proposal itself, including its consistency with the Profile data and with the Catalogue, on the terms in Chapter 10 and § 56.
- The Provider is not liable for the actions of retail chains, including the availability of a product in a store, its price at the checkout or the composition of a product, for which its manufacturer is responsible (§ 22 para. 2).
§ 59
- The Provider holds the rights to the App, the Catalogue, the content of recipes, descriptions, images of dishes and the Snugmeal marks.
- Upon conclusion of the Agreement the User obtains a non-exclusive and non-transferable licence to use the App and its content for personal use, on Apple-branded devices that the User owns or controls, in accordance with the Usage Rules set by the Distributor (§ 37 point 2). The licence lasts for the duration of the Agreement.
- The licence does not cover, in particular, the dissemination of the Catalogue's content, its resale, making it publicly available, reproducing it for profit, creating adaptations for competing services or downloading content automatically. This does not limit permitted use under copyright law or the User's right to use the Plan and the Shopping list in the ordinary way.
- The names and trade marks of the retail chains mentioned in the App belong to their owners. The Provider uses them solely to indicate the Store to which a given price and product name relate; he is not affiliated with those chains and does not act on their behalf.
- Content entered by the User remains the User's. The Provider uses it solely for the purpose of providing the Service, on the terms set out in the Privacy Policy; dish ratings are used in aggregate and are not published.
Chapter 14. Personal data, disputes and final provisions
§ 60
- The controller of Users' personal data is the Provider indicated in § 1.
- The rules for processing personal data — the purposes, legal bases, recipients, retention periods and the User's rights — are set out in the Privacy Policy, available in the App and on the Provider's website. The Terms do not repeat them.
- Consent to the processing of health-related data (§ 17 para. 1(b)) is a condition for composing and recalculating Plans and for replacing a dish. After it is withdrawn, a Plan already generated remains visible, but the App will not compose or recalculate a new Plan. Consent may be given again at any time.
- Withdrawal of consent is free of charge and requires no reason. A User with access to the App's screens withdraws it with a single toggle, without contacting the Provider — as easily as it was given. A User held at the offer screen (§ 31 para. 3) withdraws consent by a message to the address in § 1 para. 3(a).
§ 61
- Before bringing a matter before an out-of-court body or a court, the User may submit a complaint under § 47. The Provider seeks an amicable settlement of the matter.
- If the complaint procedure has not resolved the dispute, the Provider provides the User — on paper or on another durable medium — with a statement of his intention to apply for proceedings for the out-of-court resolution of consumer disputes to be initiated, or of his consent to take part in such proceedings, or of his refusal to take part in them. If the Provider makes no statement, he is deemed to consent to taking part in such proceedings (Article 32(3) of the Act of 23 September 2016 on the out-of-court resolution of consumer disputes (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich)).
- The Provider has not undertaken in advance to use the out-of-court resolution of consumer disputes; he states his position in a particular matter in the statement referred to in para. 2. This does not exclude the effect under the last sentence of para. 2.
- A Consumer may use out-of-court means of dealing with complaints and pursuing claims, in particular by applying to the regional inspector of the Trade Inspection (wojewódzki inspektor Inspekcji Handlowej) for proceedings for the out-of-court resolution of the dispute to be initiated, or to the permanent arbitration court operating at that inspector, and by using the free assistance of the district (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection. The list of authorised entities and the rules of access to those procedures are available at polubowne.uokik.gov.pl.
- Recourse to out-of-court means is voluntary for both parties and does not bar recourse to the courts.
§ 62
- The Agreement is governed by Polish law. The choice of Polish law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement and that are in force in the country of the Consumer's habitual residence (Article 6(2) of Regulation (EC) No 593/2008).
- Disputes are resolved by the court having jurisdiction under the general rules on the jurisdiction of courts. The Provider does not impose on the Consumer a court other than that arising from statute and does not submit disputes to arbitration without the Consumer's separate consent given after the dispute has arisen.
§ 63
- The Polish version of the Terms is binding. The English version is a courtesy translation. Declarations of the parties are made in Polish or in English.
- The Terms are formulated unambiguously and comprehensibly. Ambiguous provisions are interpreted in favour of a User who is a Consumer.
- If any provision of the Terms proves invalid or ineffective, the remaining provisions remain in force, and generally applicable law applies in place of the defective provision.
- The Provider does not apply a code of good practice within the meaning of Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices (ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym).
- The Provider sends the User messages connected with performance of the Agreement; they are not commercial information and require no separate consent. Commercial information, including direct marketing, may be sent by the Provider only with the User's prior consent (Article 398(1) of the Electronic Communications Law (Prawo komunikacji elektronicznej)), which may be withdrawn at any time; commercial information is clearly distinguished and identified.
§ 64
- The Terms enter into force on 21 September 2026 and apply in this wording until the day a subsequent version enters into force. This is the first version of the Terms; the Provider concluded no Agreements before that day on the basis of earlier templates.
- The current wording of the Terms is available at snugmeal.com/regulamin/, and this version at the permanent address snugmeal.com/regulamin/2026-09-21/.
- An annex to the Terms, forming part of them, is Annex 1 — Model withdrawal form.
- Matters not governed by the Terms are subject to Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of services by electronic means.
Annex 1 — Model withdrawal form
Please complete and return this form to contact@snugmeal.com only if you wish to withdraw from the contract. Use of the form is not obligatory — any unequivocal declaration of withdrawal sent to the same address is sufficient.
To:
Olivier Babula Kasperków 10A, 34-312 Międzybrodzie Bialskie, Poland e-mail: contact@snugmeal.com
I/We hereby give notice of my/our withdrawal from the contract for the supply of the following service (e.g. the agreement for the use of the Snugmeal app or the Subscription):
.................................................................................
Date of conclusion of the contract: .....................................
Name of consumer(s): ....................................................
Address of consumer(s) (optional — the Provider communicates by e-mail): ..................................................
E-mail address assigned to the Account in the Snugmeal app (optional — it makes the Account easier to find): ..................
Signature of consumer(s) (only if this form is sent on paper):
.................................................................................
Date: ...................................................................