Terms of Use of the DIAGME Application

1. General Provisions

  1. These Terms of Use define the rules for using the DIAGME mobile application and the services provided electronically through it.
  2. The service provider is DIAGME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (LIMITED LIABILITY COMPANY), registered in the National Court Register (KRS) maintained by the District Court for Kraków-Śródmieście in Kraków, Commercial Division of the National Court Register, with the following details:
    KRS number0001233091
    NIP (Tax ID)5130310747
    REGON544436288
    Share capitalPLN 10,000.00
    Registered officeul. Topolowa 22, 32-082 Więckowice, Poland
    WebsiteDIAGME.ONLINE
  3. Contact with the Service Provider: by e-mail at [email protected] or by post to the registered office address.
  4. The terms used in these Terms of Use mean:
    • Application: the DIAGME mobile application available for iOS and Android devices.
    • Service Provider: DIAGME sp. z o.o., referred to in section 2.
    • User: an adult natural person using the Application under these Terms of Use.
    • Account: the User's individual account in the Application.
    • Premium Subscription: a paid, automatically renewing service providing access to the Application's premium features.
    • Store: the App Store (Apple) or Google Play (Google), depending on the platform used by the User.
    • Privacy Policy: the document describing the rules of personal data processing, available at https://api.diagme.online/policies/latest?lang=en.
  5. Using the Application constitutes acceptance of these Terms of Use.

2. Informational Nature of the Application

  1. DIAGME (the "Application") provides information for informational purposes only. The Application does not constitute medical advice, a diagnosis, an opinion, or a medical service, and must not be treated as such by the user. Accordingly, the Application must not be used as a basis for medical diagnosis or as a recommendation regarding treatment or medical care. The information provided by the Application does not replace professional medical advice, diagnosis, or treatment. All content, including texts, graphics, images, and information contained in or available through the Application, is of a general and informational nature only.

  2. DIAGME is not a medical device within the meaning of EU Regulation 2017/745 and the Act of May 20, 2010, on medical devices, and is not intended for diagnosing, treating, monitoring, or preventing diseases. All health decisions should be made after consulting with a physician.

  3. All measurements should be taken carefully, in accordance with the instructions of the manufacturer of the device used. Only devices and sensors holding the approvals required by law are considered a reliable source of measurements.

3. Conditions of Using the Application

  1. Using the Application requires:
    • a mobile device with an up-to-date iOS or Android system, allowing installation of the Application from the Store,
    • Internet access,
    • an active Store account (in the case of purchasing a Premium Subscription),
    • an e-mail address or an Apple or Google account (for registration purposes).
  2. The Application is intended exclusively for adults.
  3. It is prohibited to:
    • provide unlawful content,
    • provide untrue data, including other persons' health data without their consent,
    • take actions disrupting the operation of the Application, including attempts at unauthorized access to the Service Provider's systems,
    • decompile, reverse engineer, or otherwise interfere with the Application's software, except where permitted by mandatory provisions of law,
    • use the Application in a manner contrary to its purpose, these Terms of Use, or the law.

4. User Account

  1. An Account is created by registering in the Application using one of the available methods: an Apple account, a Google account, a one-time link sent to an e-mail address, or an account with a partner service of the Service Provider.
  2. The User may hold one Account and is obliged to provide truthful data.
  3. The User may delete the Account at any time in the profile settings in the Application. Deleting the Account means losing access to the data stored in the Application; the rules for deleting personal data are set out in the Privacy Policy.
  4. Deleting the Account does not automatically cancel a Premium Subscription billed through the Store. The Subscription must be cancelled in the subscription settings of the Store account (see § 6).

5. Scope of Services

  1. The Application is available in a freemium model: some features are free of charge, and some require an active Premium Subscription.
  2. As part of free access, the User may use in particular: the progress tracker, manual entry of measurements together with templates and history, photo-based meal calorie analysis, questionnaires, and integration with wearable devices.
  3. The Premium Subscription includes in particular: health indicators with detailed analyses, ordering laboratory tests and storing their results (including uploading results in PDF format), full nutritional analysis of meals (macronutrients, correcting and editing results), a personalized supplementation plan, an action schedule with reminders, and measurements calculated automatically based on the collected data.
  4. The exact scope of free and premium features is presented in the Application and may change as the Application develops; changes limiting significant features covered by a paid Premium Subscription are introduced with respect for the User's rights under the provisions on contracts for the supply of digital content and digital services.

6. Premium Subscription

  1. The Premium Subscription is sold through the Store as an automatically renewing subscription, in a monthly or yearly variant. Payment is collected by the Store in accordance with its terms.
  2. The current prices are presented each time in the Application and in the Store's system purchase window before payment is made. As of the effective date of these Terms of Use, the prices are PLN 59.99 per month and PLN 449.99 per year.
  3. New Users may take advantage of a one-time, 14-day free trial period. Starting the trial period requires authorizing a payment method in the Store (a charge of PLN 0). The right to the trial period is available once per Store account.
  4. After the trial period ends and after each billing period, the Subscription renews automatically and the Store collects the fee, unless the User cancels the Subscription at least 24 hours before the end of the current period.
  5. The Subscription can be cancelled at any time in the subscription settings of the Store account (also accessible from within the Application). Cancellation does not result in a refund of the fee for the current billing period; premium access continues until the end of the paid period.
  6. A purchased Subscription can be restored on a new device using the "Restore purchases" feature in the Application, after signing in to the same Store account.
  7. The User will be informed of a change in the Subscription price in accordance with the Store's rules before it takes effect; a price change does not apply retroactively and applies to subsequent billing periods.
  8. Premium access may also be granted to the User on a basis other than a purchase in the Store, in particular under a separate agreement with the Service Provider or its partner. In such a case, the billing rules are set out in a separate agreement, and the provisions of sections 1-7 apply only to the extent that access is billed through the Store.

7. Right of Withdrawal and Refunds

  1. Payments for the Premium Subscription are handled by the Store (Apple or Google), and it is with the Store that the User concludes the contract regarding the payment itself. Refund requests are handled by Apple (via the reportaproblem.apple.com website) or Google (via the Google Play refund policy) respectively, in accordance with the terms of the given Store.
  2. The free 14-day trial period allows the User to become familiar with the full functionality of the Application before the first fee is charged.
  3. The above provisions do not exclude or limit the consumer's rights under mandatory provisions of law, including the Act of May 30, 2014, on consumer rights.

8. Laboratory Tests

  1. The Application allows ordering laboratory tests. The Service Provider acts as an intermediary in placing the order in cooperation with the badania.pl service; the test is performed by a medical laboratory, under the rules set by the entity performing the test.
  2. The Application guides the User through the ordering process: selecting tests, online payment, and reminders about proper preparation for the test.
  3. Test results are delivered to the Application. The User may also upload test results in PDF format themselves.
  4. Test results presented in the Application are for informational purposes; their interpretation should be consulted with a physician (see § 2).

9. Dietary Supplements

  1. The supplementation plan presented in the Application is a general suggestion and is not medical advice. Consulting a physician or dietitian is recommended before starting supplementation.
  2. Dietary supplements are foodstuffs, not medicines, and are not intended to treat or prevent diseases (the Act of August 25, 2006, on food and nutrition safety).
  3. Supplement orders are concluded with external suppliers. The finalization of the order (cart, payment, delivery) takes place on the supplier's website, outside the Application, under that supplier's terms and conditions. The party to the sales contract is the supplier, not the Service Provider.
  4. Consumer rights related to the purchase, including the right to withdraw from the contract within 14 days of receiving the product and product complaints, are exercised against the supplier, in accordance with its terms and conditions and the law.

10. Intellectual Property

  1. The Application and its content (including the software, graphics, texts, and DIAGME trademarks) are protected by law and belong to the Service Provider or its licensors.
  2. The Service Provider grants the User a free-of-charge, non-exclusive, non-transferable license to use the Application on the User's own devices, exclusively for the User's own, non-commercial use, in accordance with these Terms of Use.
  3. Content uploaded by the User (e.g. meal photos, PDF files with test results) remains the User's property. The User authorizes the Service Provider to process it exclusively to the extent necessary to provide the services, in accordance with the Privacy Policy.

11. Liability and Availability of Services

  1. The Service Provider makes efforts to ensure that the Application operates continuously and correctly. The Service Provider reserves the right to technical breaks related to maintenance or updates of the Application; where possible, Users will be informed in advance of planned, significant breaks.
  2. The Service Provider is not liable for the consequences of health decisions made solely on the basis of information from the Application, without consulting a physician (see § 2), or for irregularities resulting from using measurement devices contrary to the manufacturer's instructions or from devices not meeting legal requirements.
  3. The Service Provider is not liable for services provided by third parties under separate agreements with the User, in particular for the performance of tests by laboratories (§ 8) and for the sale and delivery of supplements by external suppliers (§ 9).
  4. No provision of these Terms of Use excludes or limits the Service Provider's liability to the extent that such exclusion or limitation is impermissible under mandatory provisions of law, including liability towards consumers.

12. Complaints

  1. Complaints regarding the operation of the Application or the Service Provider's services may be submitted by e-mail to [email protected] or in writing to the Service Provider's registered office address.
  2. A complaint should contain data allowing the User to be identified (e.g. the e-mail address assigned to the Account) and a description of the problem.
  3. The Service Provider considers a complaint within 14 days of receiving it and replies to the address from which the complaint was sent, or to another address indicated by the User.
  4. Complaints regarding payments collected by the Store are handled by Apple or Google respectively (see § 7 section 1), and complaints regarding supplements by their supplier (see § 9 section 4).

13. Personal Data

The rules of processing Users' personal data, including health data, are set out in the Privacy Policy available at https://api.diagme.online/policies/latest?lang=en and in the Application.

14. Out-of-Court Dispute Resolution

  1. A User who is a consumer may use out-of-court methods of handling complaints and pursuing claims, including the assistance of a municipal or district consumer ombudsman, the provincial inspectorates of the Trade Inspection, and consumer organizations.
  2. Detailed information on out-of-court methods of resolving consumer disputes is available on the website of the Office of Competition and Consumer Protection (uokik.gov.pl).

15. Amendments to the Terms of Use

  1. The Service Provider may amend these Terms of Use for important reasons, in particular in the event of changes in the law, changes in the scope or manner of providing services, or for security reasons.
  2. Users will be informed of an amendment to the Terms of Use in the Application or on the website with appropriate advance notice of no less than 14 days, unless a shorter period results from the law or security reasons.
  3. If the User does not accept the amended Terms of Use, they may stop using the Application and delete the Account before the date the amendments take effect. A Subscription paid for before the amendment is governed by the terms in force at the time of purchase, until the end of the current billing period.

16. Final Provisions

  1. These Terms of Use are governed by Polish law. The choice of law does not deprive the consumer of the protection afforded by the mandatory provisions of the country of their habitual residence.
  2. If individual provisions of these Terms of Use prove invalid or ineffective, the remaining provisions remain in force.
  3. These Terms of Use enter into force on August 6, 2026.

DIAGME Sp. z o.o., [email protected], ul. Topolowa 22, 32-082 Więckowice, Poland