TERMS OF SERVICE

For the purposes of these Terms of Service (the "Terms"), the following capitalised terms shall have the meanings set out below, unless the context requires otherwise:

"Account" means the personal user account created by a User to access and use the Service.

"AI Features" means the artificial-intelligence-enabled functionalities of the Service, including without limitation AI Food Recognition, AI Calorie Estimation, AI Nutrition Estimation, AI Chat, AI Meal Suggestions and AI Daily Summaries.

"AI Output" means any content, estimate, recommendation, classification, numerical value, text response or other data generated, in whole or in part, by an AI Feature.

"App Store" means the Apple App Store operated by Apple Inc. and/or the Google Play Store operated by Google LLC, as applicable.

"Slimfio" or "Application" means the Slimfio mobile application, available on iOS and Android, and the Slimfio web application, together with all related content, features and functionalities.

"Company", "we", "us", "our" means Jaguár Média Kft., a company organised under the laws of Hungary, with its registered seat at 1144 Budapest, Kőszeg utca 23. 2. em. 5. ajtó, Hungary (Cg. 01-09-961644).

"Content" means any text, data, information, graphics, images, AI Output or other material made available through the Service.

"Free Trial" means a promotional, time-limited period during which a User may access Premium Subscription features without immediate charge, as further described in Section 10.

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation).

"Premium Subscription" means a paid subscription plan granting access to enhanced features of the Service, as further described in Section 9.

"Service" means the Slimfio application, website, APIs, and all related services, features, and content made available by the Company.

"Subscription Fee" means the recurring fee payable by a User for a Premium Subscription.

"Third-Party AI Provider" means an independent third-party provider of artificial intelligence or machine-learning services integrated into the Service, including without limitation OpenAI, L.L.C., Anthropic, PBC, Google LLC, and Microsoft Corporation (Azure).

"User", "you", "your" means any natural person who downloads, accesses, registers for, or otherwise uses the Service.

"User Content" means any data, images, text, food logs, biometric entries, or other content that a User submits, uploads, or generates through the Service.

These Terms constitute a legally binding agreement between you and Jaguár Média Kft. governing your access to and use of the Service. By downloading, installing, accessing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must not access or use the Service.

If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, in which case "you" and "your" shall refer to that organisation.

We may amend these Terms from time to time in accordance with Section 63 (Final Provisions). Your continued use of the Service following the effective date of any amendment constitutes your acceptance of the amended Terms.

The Service is available only to individuals who are at least sixteen (16) years of age. This age threshold applies uniformly, worldwide, regardless of any lower age of digital consent that may otherwise apply under the law of your country of residence.

By creating an Account or otherwise using the Service, you represent and warrant that you are at least sixteen (16) years of age and that you have the legal capacity to enter into a binding contract. The Company does not knowingly permit registration by, collect personal data from, or otherwise make the Service available to, any individual under the age of sixteen (16), and there is no mechanism by which a parent's or legal guardian's consent can render the Service available to a User below that age. If the Company becomes aware that it has collected personal data from an individual under sixteen (16) years of age, it will take reasonable steps to delete that data and terminate the associated Account without delay.

Certain features of the Service, including features that reference weight management, may not be appropriate for individuals with, or at risk of, eating disorders or other conditions affecting relationship with food and body image. Section 26 (Medical Disclaimer) and Section 30 (Health Disclaimer) apply to all Users without exception.

4.1 Registration

To access certain features of the Service, you must create an Account by providing accurate, current, and complete information as prompted by the registration process, or by authenticating through a supported third-party identity provider (e.g. Apple Sign-In, Google Sign-In).

4.2 Accuracy of Information

You are solely responsible for maintaining the accuracy of the information associated with your Account, including biometric data (such as height, weight, age, and sex) that you input for the purpose of AI Calorie Estimation and AI Nutrition Estimation. The Company has no independent means of verifying the accuracy of information you provide and disclaims all liability arising from inaccurate, outdated, or incomplete information supplied by you.

4.3 Special Category Data and Consent

Certain data you may choose to submit to the Service — including biometric data such as weight and body measurements, and any health-related information you disclose (for example, within AI Chat or in connection with a dietary restriction or medical condition) — may constitute "special category data" within the meaning of Article 9 GDPR. The Company does not process such special category data on the basis of your acceptance of these Terms; rather, the Company relies on your freely given, specific, informed, and unambiguous explicit consent, obtained through a dedicated consent mechanism presented within the Application at the point such data is first requested or submitted, as the legal basis for that processing, in accordance with Article 9(2)(a) GDPR. You may withdraw that consent at any time through the Application's account settings or by contacting the Company, without affecting the lawfulness of processing carried out prior to withdrawal; withdrawal of consent may, however, limit or disable the AI Features that depend on that data. Further detail regarding the categories of special category data processed and the safeguards applied is set out in the Company's Privacy Policy.

4.4 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at support@slimfio.com of any unauthorised use of your Account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to safeguard your Account credentials.

4.5 One Account Per User

Each User may maintain only one Account, save where multiple Accounts are expressly authorised by the Company in writing (for example, in connection with family or team subscription plans, where offered).

In addition to any other obligations set out in these Terms, you agree that you shall:

use the Service only for its intended personal, non-commercial, lifestyle-tracking purposes, save where a commercial licence has been separately agreed with the Company in writing;

exercise independent judgment and, where appropriate, consult a qualified physician, registered dietitian, or other suitably qualified healthcare professional before making any dietary, exercise, or health-related decision, including any decision informed by AI Output;

provide accurate data when logging meals, weight, water intake, and other metrics, recognising that the accuracy of any AI Output is directly dependent on the accuracy and completeness of the data you provide;

maintain the security of the device on which the Application is installed and promptly install updates to the Application made available by the Company;

comply with all applicable laws and regulations in connection with your use of the Service; and

immediately cease use of any feature of the Service that you believe, or ought reasonably to believe, is producing outputs that may be harmful to your health or wellbeing, and seek appropriate professional advice.

Slimfio is an artificial-intelligence-assisted lifestyle and nutrition-tracking application that enables Users to log meals, estimate caloric and macronutrient intake, scan food barcodes, track body weight and water intake, receive AI-generated meal suggestions and daily summaries, interact with an AI chat assistant, and view statistics and progress reports derived from self-reported data.

The Service is offered on a freemium basis. Certain core features are available free of charge, subject to usage limitations determined by the Company in its sole discretion, while enhanced features are available exclusively to Users with an active Premium Subscription, as described in Section 9.

The Service is a self-directed lifestyle and wellness tool. It is not, and must not be treated as, a medical device, a diagnostic tool, or a substitute for professional medical, nutritional, or psychological advice. Section 26 through Section 31 govern this limitation in detail and form an essential part of the basis upon which the Company agrees to make the Service available to you.

The Company offers Premium Subscriptions on a monthly and annual recurring basis (each, a "Subscription Plan"). The features, duration, and pricing of each Subscription Plan then on offer will be presented to you within the Application or on the applicable App Store product page prior to purchase.

Subscriptions purchased through the Apple App Store are billed and administered by Apple Inc. in accordance with Section 61. Subscriptions purchased through the Google Play Store are billed and administered by Google LLC in accordance with Section 62. Subscriptions purchased through the Slimfio web application are billed through Stripe, Inc. and, in each case, subscription entitlements across platforms are reconciled and managed using RevenueCat's subscription infrastructure.

Prices are displayed inclusive or exclusive of applicable value-added tax (VAT) as required by the law of your country of residence and the policies of the relevant App Store or payment processor. Prices may vary by country and are subject to change as described in Section 9.4.

By purchasing a Premium Subscription, you authorise the Company (or, as applicable, Apple, Google, or Stripe acting as payment processor) to charge your chosen payment method for the applicable Subscription Fee at the start of each billing cycle.

Where billing is administered by Apple or Google, all billing information, including payment method details, is collected, stored, and processed directly by Apple or Google in accordance with their respective terms and privacy policies, and the Company does not have access to your full payment card details in such cases. Where billing is administered via Stripe on the web application, payment card data is processed by Stripe in accordance with the Payment Card Industry Data Security Standard (PCI-DSS) and Stripe's own terms of service.

You are responsible for ensuring that your payment method remains valid and sufficiently funded. If a payment cannot be processed, the Company or the relevant payment processor may retry the charge, suspend your access to Premium Subscription features, or, following repeated failed attempts, cancel your Subscription Plan.

9.1 Automatic Renewal

Unless cancelled in accordance with this Section prior to the end of the then-current billing period, your Subscription Plan will automatically renew for a further period of the same duration (monthly or annual, as applicable), and the applicable Subscription Fee will be automatically charged to your payment method on file, at the then-current price, at the start of each renewal period.

9.2 Cancellation

You may cancel automatic renewal at any time. If your subscription was purchased through the Apple App Store, cancellation must be performed through your Apple ID account settings. If purchased through the Google Play Store, cancellation must be performed through your Google Play account settings. If purchased through the Slimfio web application, cancellation may be performed within the Application's account settings or by contacting support@slimfio.com. Uninstalling the Application does not, by itself, cancel an active subscription.

9.3 Effect of Cancellation

Cancellation will take effect at the end of the then-current billing period, and you will retain access to Premium Subscription features until that date. The Company does not, save as required by applicable law or as set out in Section 11 (Refund Policy), provide prorated refunds for partial billing periods.

9.4 Price Changes

The Company reserves the right to modify Subscription Fees. Any price increase will be notified to you in advance, in accordance with the notice requirements of the applicable App Store or, for direct web subscriptions, by email or in-app notice not less than thirty (30) days before the change takes effect. Continued use of the Service following the effective date of a price increase constitutes acceptance of the new price; if you do not agree, you must cancel your subscription before the new price takes effect.

9.5 Pre-Purchase Disclosure and Subscription Management

Prior to completing the purchase of any Subscription Plan, the Company shall present within the user interface of the Application, in a clear and legible manner: (i) the total price and currency of the Subscription Plan; (ii) the duration of the billing period (monthly or annual); (iii) confirmation that the Subscription Plan renews automatically unless cancelled; and (iv) where a Free Trial is offered, the length of the trial and the date on which the first charge will occur. The Company shall further provide, within the Application's account or settings area, a direct link or clear instructions enabling you to access the subscription-management interface of the App Store through which your Subscription Plan was purchased, so that you may review, modify, or cancel your Subscription Plan at any time.

The Company may, in its sole discretion, offer a Free Trial of Premium Subscription features for a specified duration. Eligibility for a Free Trial may be limited to new Users or Users who have not previously subscribed, at the Company's discretion, and the Company reserves the right to modify or withdraw Free Trial offers at any time without notice, subject to honouring trials already commenced.

UNLESS YOU CANCEL BEFORE THE END OF THE FREE TRIAL PERIOD, YOUR CHOSEN SUBSCRIPTION PLAN WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AND YOUR PAYMENT METHOD WILL BE CHARGED THE APPLICABLE SUBSCRIPTION FEE AT THE END OF THE TRIAL PERIOD. Reminders of the trial's expiry may be provided in accordance with the applicable App Store's guidelines, but it remains your responsibility to track the trial end date and cancel in a timely manner if you do not wish to be charged.

Where a Subscription Plan is purchased through the Apple App Store or Google Play Store, refund requests are subject to the respective refund policies of Apple Inc. and Google LLC, and must be submitted directly to Apple or Google, as applicable. The Company has no ability to directly authorise, process, or guarantee refunds for purchases made through those platforms.

Where a Subscription Plan is purchased directly through the Slimfio web application, refunds are granted at the Company's discretion, save where a refund is mandated by applicable consumer-protection law, including the statutory right of withdrawal available to consumers in the European Union described in Section 59.

Nothing in this Section limits any non-waivable statutory right to a refund, replacement, or other remedy available to you under mandatory consumer-protection legislation applicable in your country of residence.

The Company may, from time to time, offer promotional codes, discounted pricing, referral incentives, or other promotional offers ("Promotions") subject to additional terms that will be presented at the time of the offer. Promotions are void where prohibited by law, may be modified or withdrawn at any time prior to redemption, are non-transferable and have no cash value except as expressly stated, and may be limited to one redemption per User or per household at the Company's discretion.

You agree to use the Service solely for lawful purposes and in a manner consistent with these Terms and any additional guidelines the Company may publish from time to time. Your licence to use the Service is conditioned on your compliance with this Section 13 and Section 14 (Prohibited Conduct).

Without limiting Section 13, you shall not, and shall not permit any third party to:

reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, prompts, or algorithms of the Service or any AI Feature, except to the extent such restriction is prohibited by applicable law;

use any automated means, including bots, scrapers, or crawlers, to access the Service or to extract data from Slimfio without the Company's prior written consent;

circumvent, disable, or otherwise interfere with security-related features of the Service, including features that enforce usage limitations on free-tier Accounts;

use the Service to generate, upload, or distribute content that is unlawful, defamatory, obscene, harassing, discriminatory, or infringing of any third party's intellectual property or privacy rights;

impersonate any person or entity, or misrepresent your affiliation with any person or entity;

use the AI Features to generate medical, dietary, or therapeutic guidance intended for use by, or distribution to, third parties, including in a professional or clinical capacity;

resell, sublicense, rent, lease, or otherwise commercially exploit the Service without the Company's prior written consent;

upload any virus, malware, or other harmful code, or otherwise attempt to disrupt the integrity or performance of the Service; or

use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.

The Company reserves the right, but not the obligation, to investigate and take appropriate action against any User who violates this Section, including suspension or termination of the Account in accordance with Section 45 and Section 46.

You retain ownership of all User Content that you submit to the Service, including photographs of meals submitted for AI Food Recognition, food logs, weight entries, and messages submitted to the AI Chat feature. You are solely responsible for the User Content you submit and for ensuring that it does not infringe the rights of any third party or violate any applicable law.

You represent and warrant that you have all necessary rights to submit any User Content you upload, and that such User Content does not contain personal data of any third party without that party's consent.

16.1 Licence to Use the Service

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the Application on devices that you own or control, and to access the Service, solely for your personal, non-commercial use.

16.2 Licence to User Content

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, process, and use such User Content solely to the extent necessary to (i) provide, maintain, and improve the Service, including generating AI Output in response to that User Content, and (ii) comply with applicable law. This licence terminates upon deletion of the relevant User Content from the Service, save to the extent retention is required for legal, backup, or regulatory purposes.

All rights, title, and interest in and to the Service, including the Application's software, user interface, design, AI models and prompt architecture (excluding underlying third-party AI models licensed from Third-Party AI Providers), databases, and all associated documentation, are and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms shall be construed as transferring any such rights to you, save for the limited licence expressly granted in Section 16.1.

All content, design elements, graphics, and software comprising the Service are protected by copyright and other intellectual property laws of Hungary, the European Union, and applicable international treaties. Unauthorised reproduction or distribution of any part of the Service may result in civil and criminal penalties.

If you believe that content available through the Service infringes your copyright, you may submit a notice to support@slimfio.com identifying the copyrighted work claimed to have been infringed and the material alleged to be infringing, together with sufficient information to permit the Company to locate that material.

"Slimfio" and all associated logos, product names, and branding are trademarks or trade dress of Jaguár Média Kft. (registration pending or granted, as applicable). You may not use these marks without the Company's prior written consent, save as necessary to accurately identify the Service in accordance with fair, non-commercial use.

The Service incorporates certain third-party open-source software components, each of which is licensed to the Company under its respective open-source licence terms (including, without limitation, licences such as the MIT License, Apache License 2.0, and BSD Licenses). A list of material open-source components and their respective licences is available upon request at support@slimfio.com. Nothing in these Terms limits any rights granted to you under the applicable open-source licences with respect to those specific components, to the extent such licences are legally binding on the Company as licensee.

The Service integrates with, or provides connectivity to, certain third-party services, including but not limited to Apple Health, Google Fit / Health Connect, RevenueCat, Stripe, and the Third-Party AI Providers described in Section 32. Your use of any such third-party service is governed by the applicable third party's own terms of service and privacy policy, and the Company is not responsible for the acts, omissions, availability, or performance of any third-party service.

21.1 Firebase (Google LLC)

The Service uses Firebase, a backend-as-a-service platform provided by Google LLC ("Firebase"), as its primary datastore and supporting infrastructure. Depending on the specific Firebase products enabled for the Service (which may include, without limitation, Firebase Authentication, Cloud Firestore, Cloud Storage, Firebase Analytics, and Firebase Crashlytics), Firebase may store and process Account credentials, User Content, food logs, biometric entries, device and diagnostic data, and other data associated with your use of the Service. Data processed through Firebase for Users of the Service is stored in Google's European Union data-storage region (europe-west), subject to Google's then-current Firebase data-location and data-processing terms. Firebase acts as a data processor / sub-processor on the Company's behalf, and the Company remains the data controller in respect of personal data processed through Firebase, in accordance with the Company's Privacy Policy. To the extent any processing of personal data under this Section involves a transfer outside the European Economic Area, such transfer is carried out on the basis of the European Commission's Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914) incorporated into the Company's data-processing arrangement with Google, or another valid transfer mechanism recognised under Chapter V of the GDPR.

Where you elect to connect the Application to a third-party health platform, you authorise the bidirectional exchange of specified health and fitness data between the Application and that platform, subject to the permissions you grant at the operating-system level. You may revoke this authorisation at any time through your device settings.

Slimfio incorporates artificial-intelligence and machine-learning technologies, including computer-vision models used for AI Food Recognition, statistical and generative models used for AI Calorie Estimation, AI Nutrition Estimation, AI Meal Suggestions and AI Daily Summaries, and a conversational large-language-model assistant referred to as AI Chat (collectively, the "AI Features"). The AI Features are provided as convenience tools to assist Users in estimating and logging dietary and lifestyle information, and are not, and are not intended to be, a source of definitive, verified, or professionally validated data.

The AI Features may rely, in whole or in part, on models developed, trained, hosted, or operated by Third-Party AI Providers, as described in Section 32. The Company does not develop or train the underlying foundation models used by certain AI Features and has limited ability to control, audit, or predict the precise output any such model will produce in response to a given input.

You acknowledge and agree that artificial intelligence technology, including as deployed within the Service, has material and well-documented limitations, and that AI Output may be inaccurate, incomplete, outdated, unrepresentative, or otherwise unsuitable for your particular circumstances.

In particular, and without limitation:

AI Food Recognition may misidentify foods, fail to recognise mixed or composite dishes, misjudge portion sizes, or be unable to account for preparation methods, hidden ingredients, sauces, oils, or additives that materially affect caloric and nutritional content;

AI Calorie Estimation and AI Nutrition Estimation produce statistical approximations, not laboratory-verified measurements, and actual caloric and nutrient content of any given food item may deviate materially from the estimate provided;

AI Meal Suggestions and AI Daily Summaries are generated based on the data you have provided and general nutritional heuristics, and do not account for medical conditions, allergies, medications, or interactions unless you have expressly and completely disclosed such information within the Application, and even then the Company cannot guarantee that such disclosures will be fully accounted for by the AI Feature; and

AI Chat responses are generated by a language model and may contain errors, omissions, or statements that are presented with apparent confidence but are nonetheless incorrect.

You must independently evaluate the suitability, accuracy and completeness of any AI Output before relying on it for any purpose, and, in particular, before making any decision that could affect your health, diet, weight-management approach, or medical treatment.

You acknowledge that generative artificial-intelligence systems, including those underlying the AI Features, are known to occasionally produce "hallucinations" — that is, output that is fabricated, fictitious, internally inconsistent, or presented as factual despite having no basis in verified data.

Hallucinations may occur in any AI Feature, including but not limited to fabricated nutritional values, invented ingredient lists, incorrect brand or product identification, and confidently stated but incorrect responses within AI Chat. The Company has implemented reasonable technical and design measures intended to reduce the frequency and impact of hallucinated content, but does not represent or warrant that hallucinations will not occur, and disclaims all liability for losses or harm arising from a User's reliance on hallucinated AI Output, to the maximum extent permitted by applicable law.

All AI Output is provided for informational and lifestyle-tracking purposes only. AI-Generated Content does not constitute advice of any professional nature (medical, nutritional, psychological, or otherwise) and should not be treated as a substitute for the exercise of your own judgment or for advice obtained from a qualified professional.

Where AI-Generated Content is presented alongside a confidence indicator, accuracy range, or similar qualifier, such indicator is itself an estimate generated by the underlying model and is not a guarantee of accuracy. Where no such indicator is presented, you should not infer any particular level of confidence or verification.

25.1 Labelling of AI-Generated Content

The Company shall ensure that content generated by an AI Feature, including AI Chat responses, AI Meal Suggestions, and AI Daily Summaries, is visually distinguished within the user interface of the Application (for example, by way of a label, icon, or similar indicator identifying the content as AI-generated), so that Users can readily distinguish AI Output from content that has been manually verified, sourced from a static database, or entered by the User.

25.2 EU AI Act Transparency Notice

In accordance with Article 50 of Regulation (EU) 2024/1689 (the "EU AI Act") and other applicable transparency obligations regarding artificial-intelligence systems, the Company hereby informs you, and you acknowledge, that: (i) when you interact with the AI Chat feature, you are interacting with an artificial-intelligence system and not with a human agent of the Company, and this fact is indicated within the user interface at the point of interaction; and (ii) content that is generated, estimated, or classified by an AI Feature — including AI-estimated calorie and nutrient values, AI-recognised food items, and AI-generated meal suggestions and daily summaries — is artificially generated or manipulated output and is identified as such within the user interface in accordance with Section 25.1. This notice is provided in addition to, and without limiting, the disclosures set out elsewhere in Sections 22 through 25.

Slimfio IS NOT A MEDICAL DEVICE. THE SERVICE DOES NOT PROVIDE MEDICAL CARE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY KIND, AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

The Company is not a medical practice, hospital, clinic, or provider of healthcare services. The Service is not, and does not hold itself out to be, any of the following:

a doctor, physician, or other licensed medical practitioner;

a registered dietitian or nutritionist;

a psychologist, psychotherapist, or other licensed mental-health professional;

a medical device within the meaning of Regulation (EU) 2017/745 (Medical Device Regulation) or any equivalent legislation in your jurisdiction;

a diagnostic system of any kind; or

a provider of clinical software or clinical decision-support intended for use by healthcare professionals in the course of patient care.

The Service must never be used to diagnose, prevent, monitor, treat, or cure any disease or health condition, and no content generated or displayed by the Service should be interpreted as constituting such use.

If you have, or believe you may have, a medical condition — including but not limited to diabetes, an eating disorder, a cardiovascular condition, a kidney condition, a metabolic disorder, a food allergy, or any condition requiring a medically supervised diet — you must consult a qualified physician or other appropriately licensed healthcare professional before using the Service to inform any dietary or lifestyle decision. You must seek immediate medical attention for any medical emergency and must not rely on the Service, including the AI Chat feature, in any emergency situation.

26.1 Notice for Users with Eating Disorders or Body-Image Concerns

Slimfio is not designed, and must not be used, as a tool for the management, monitoring, or treatment of an eating disorder or disordered eating. Features that involve calorie counting, weight tracking, or numerical dietary targets can, for some individuals, contribute to or exacerbate unhealthy relationships with food, body image, or exercise.

If you have a current or historical eating disorder, or if you notice that use of the Service is negatively affecting your relationship with food, your body image, or your mental wellbeing, you should stop using the relevant feature and seek support from a qualified healthcare professional or a dedicated support organisation without delay. The Company does not screen Users for eating disorders or related conditions and relies on Users, and, where applicable, their parents or guardians, to make an informed decision as to whether the Service is appropriate for them.

Nutritional information, meal suggestions, and macro or micronutrient targets displayed within the Service are generated using a combination of self-reported data, third-party and Company-maintained food databases, and AI estimation, and are provided for general informational and lifestyle-tracking purposes only. They do not constitute individualised nutritional advice from a registered dietitian or nutritionist and are not tailored to your specific medical history, allergies, medications, or physiological needs unless you have expressly and completely provided such information, and even then the Company does not guarantee that such information will be fully or correctly incorporated into any recommendation.

You are solely responsible for evaluating the appropriateness of any AI-suggested meal plan, nutrient target, or dietary recommendation in light of your own circumstances, and for consulting a registered dietitian or nutritionist for individualised guidance, particularly where you have any special dietary requirement.

The Service references food and nutritional databases compiled from a combination of manufacturer-submitted data, publicly available nutritional databases, user-submitted entries, and AI-derived estimates. The Company does not independently verify, through laboratory testing or otherwise, the accuracy of third-party or user-submitted nutritional data, and such data may be incomplete, outdated, mislabelled, or erroneous. Product formulations, recipes, and nutritional content may change over time without corresponding updates to the Service's database, and regional variations in product formulation may not be reflected.

Barcode-scanned results are matched against available database entries on a best-effort basis and may return incorrect matches, particularly for private-label products, regionally distributed products, or recently reformulated products. You should independently verify nutritional information against the physical product label, particularly where you have a food allergy or medically significant dietary restriction.

CALORIE AND MACRONUTRIENT ESTIMATES PROVIDED BY THE SERVICE, INCLUDING THOSE GENERATED BY AI FOOD RECOGNITION AND AI CALORIE ESTIMATION, ARE APPROXIMATIONS ONLY AND MAY DEVIATE MATERIALLY FROM THE ACTUAL CALORIC OR NUTRIENT CONTENT OF THE FOOD CONSUMED.

Factors that may cause deviation include, without limitation, inaccuracies in portion-size estimation from photographs, variability in ingredient composition and preparation method, inherent limitations of computer-vision food recognition, incomplete or inaccurate underlying database entries, and rounding or aggregation applied in the calculation methodology. Caloric estimates should be treated as directional guidance to support general self-monitoring, and not as a precise or clinically reliable measurement. The Company disclaims all liability for any outcome, including any health, fitness, or weight-management outcome, that results from reliance on the accuracy of a calorie or macronutrient estimate provided by the Service.

USE OF THE SERVICE IS AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SERVICE WILL RESULT IN ANY PARTICULAR HEALTH, FITNESS, OR WEIGHT-MANAGEMENT OUTCOME.

Individual results from any dietary or lifestyle approach, including any approach informed by content generated through the Service, vary significantly based on factors outside the Company's control, including genetics, underlying health conditions, medication use, activity levels, and adherence. Weight-tracking, calorie-tracking, and similar features are intended for informational self-monitoring purposes for generally healthy adults and are not designed for, and should not be used in connection with, the management of any diagnosed medical condition without the supervision of a qualified healthcare professional.

If you experience any adverse physical or psychological effect that you believe may be associated with your use of the Service, you should discontinue use of the relevant feature immediately and consult a qualified healthcare professional.

NOTHING CONTAINED IN THE SERVICE, INCLUDING ANY AI OUTPUT, CONSTITUTES PROFESSIONAL ADVICE OF ANY KIND, INCLUDING MEDICAL, NUTRITIONAL, PSYCHOLOGICAL, FITNESS, OR FINANCIAL ADVICE. NO PROFESSIONAL RELATIONSHIP (INCLUDING NO PHYSICIAN-PATIENT, DIETITIAN-CLIENT, OR THERAPIST-CLIENT RELATIONSHIP) IS CREATED BETWEEN YOU AND THE COMPANY, OR BETWEEN YOU AND ANY THIRD-PARTY AI PROVIDER, BY VIRTUE OF YOUR USE OF THE SERVICE.

Any content that may resemble professional advice is provided for general informational purposes only, reflects general knowledge encoded within an AI model or database, and has not been individually reviewed, approved, or verified by a licensed professional in respect of your specific circumstances unless expressly stated otherwise within the Service.

Certain AI Features are powered, in whole or in part, by artificial-intelligence models and infrastructure licensed or accessed from independent Third-Party AI Providers, which may include OpenAI, L.L.C. ("OpenAI"), Anthropic, PBC ("Anthropic"), Google LLC ("Google"), and Microsoft Corporation, through its Azure AI platform ("Azure"). The Company may add, remove, or substitute Third-Party AI Providers at its sole discretion, and the specific provider or model powering a given AI Feature at any given time is not guaranteed to remain constant.

Data you submit through an AI Feature may be transmitted to and processed by the relevant Third-Party AI Provider strictly for the purpose of generating the requested AI Output, subject to the data-processing terms described in the Company's Privacy Policy and, where applicable, the enterprise or API-level data-handling commitments obtained by the Company from that Third-Party AI Provider (including commitments that input data is not used to train the provider's general-purpose models, where such commitments are available to the Company). Where a Third-Party AI Provider is located outside the European Economic Area, the Company relies on the European Commission's Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914), the provider's own adherence to the EU-U.S. Data Privacy Framework where applicable, or another valid transfer mechanism recognised under Chapter V of the GDPR, as the legal basis for that international data transfer.

32.1 Categories of Data Shared with Third-Party AI Providers

Depending on which AI Feature you use, the following categories of your data may be transmitted to a Third-Party AI Provider for the sole purpose of generating the corresponding AI Output:

photographs of meals or food items submitted for AI Food Recognition;

self-reported biometric data (such as height, weight, age, sex, and activity level) submitted for AI Calorie Estimation and AI Nutrition Estimation;

food logs, macro and nutrient targets, and related dietary history used to generate AI Meal Suggestions and AI Daily Summaries; and

the text of messages you submit to, and receive from, the AI Chat feature.

This summary is provided to support the data-category disclosures made in the Company's Privacy Policy and in the applicable App Store's privacy-disclosure mechanisms (including Apple's App Privacy details and Google Play's Data Safety section), and does not itself expand or limit the data-processing commitments set out in the Privacy Policy.

Where an AI Feature is powered by models made available by OpenAI, such AI Output is generated using OpenAI's application programming interface and is subject to OpenAI's own usage policies, model limitations, and service-level commitments (or absence thereof), over which the Company has no control. The Company is not affiliated with, endorsed by, or sponsored by OpenAI. Any reference to OpenAI or its models (including "GPT" or successor model names) is solely to describe the technical origin of certain AI Output and does not constitute a representation as to the accuracy, availability, or fitness for purpose of that AI Output.

Where an AI Feature is powered by models made available by Anthropic, such AI Output is generated using Anthropic's application programming interface and is subject to Anthropic's own usage policies, model limitations, and service-level commitments (or absence thereof), over which the Company has no control. The Company is not affiliated with, endorsed by, or sponsored by Anthropic. Any reference to Anthropic or its models (including "Claude" or successor model names) is solely to describe the technical origin of certain AI Output and does not constitute a representation as to the accuracy, availability, or fitness for purpose of that AI Output.

Where an AI Feature is powered by models or infrastructure made available by Google (including Gemini models or Google Cloud AI services), such AI Output is generated using Google's application programming interfaces and is subject to Google's own usage policies, model limitations, and service-level commitments (or absence thereof), over which the Company has no control. The Company is not affiliated with, endorsed by, or sponsored by Google in respect of these AI Features, notwithstanding any separate integration the Service may have with Google Fit / Health Connect as described in Section 21.

Where an AI Feature is powered by models or infrastructure hosted on Microsoft's Azure AI platform, such AI Output is generated using Azure's application programming interfaces and is subject to Microsoft's own usage policies, model limitations, and service-level commitments (or absence thereof), over which the Company has no control. The Company is not affiliated with, endorsed by, or sponsored by Microsoft Corporation.

ALL AI FEATURES AND ALL AI OUTPUT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Company does not warrant that any AI Feature will be uninterrupted, error-free, accurate, complete, or fit for any particular purpose, and does not warrant that any defect in an AI Feature will be identified or corrected. Your use of, and reliance upon, any AI Feature or AI Output is entirely at your own risk, to the maximum extent permitted by applicable law.

AI Features depend on the availability of infrastructure operated by Third-Party AI Providers, which is outside the Company's control. Outages, degraded performance, rate-limiting, capacity constraints, or discontinuation of service by OpenAI, Anthropic, Google, Azure, or any other Third-Party AI Provider may result in the temporary or permanent unavailability of one or more AI Features. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INCONVENIENCE ARISING FROM THE UNAVAILABILITY, INTERRUPTION, OR DEGRADED PERFORMANCE OF ANY AI FEATURE CAUSED, IN WHOLE OR IN PART, BY AN OUTAGE OR DISRUPTION AT A THIRD-PARTY AI PROVIDER.

The Company does not guarantee continuous or uninterrupted availability of any AI Feature and reserves the right to throttle, rate-limit, or temporarily disable any AI Feature, in whole or in part, including on a per-Account basis, for reasons including capacity management, cost management, abuse prevention, or maintenance. Availability of specific AI Features may vary by subscription tier, geographic region, device, and operating-system version.

The Company reserves the right, at its sole discretion and without prior notice, to update, retrain, reconfigure, or replace the underlying AI models powering any AI Feature, including switching between Third-Party AI Providers, adopting newer model versions, or developing proprietary models. Such changes may result in changes to the behaviour, accuracy, tone, or output format of an AI Feature, and the Company does not warrant that AI Output will remain consistent over time or across model versions.

The Company will use commercially reasonable efforts to make the Service available, but does not guarantee that the Service will be available at all times or that access will be uninterrupted, timely, secure, or error-free. Access to the Service may be suspended temporarily and without notice in the event of system failure, maintenance, repair, or circumstances beyond the Company's reasonable control.

The Company may perform scheduled or emergency maintenance on the Service from time to time. Where reasonably practicable, the Company will endeavour to schedule maintenance during periods of low usage and to provide advance notice of planned maintenance that is expected to result in material downtime; however, no such notice is guaranteed, particularly in the case of emergency maintenance required to address a security vulnerability or critical defect.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY PERIOD DURING WHICH THE SERVICE, OR ANY PART OF IT, IS UNAVAILABLE, WHETHER DUE TO SCHEDULED MAINTENANCE, UNPLANNED OUTAGE, THIRD-PARTY INFRASTRUCTURE FAILURE (INCLUDING CLOUD-HOSTING OR CONTENT-DELIVERY PROVIDERS), OR ANY OTHER CAUSE. Where a User's Premium Subscription is materially affected by extended downtime attributable solely to the Company's infrastructure, the Company may, at its sole discretion, provide service credits, though it is under no contractual obligation to do so save as required by applicable consumer-protection law.

The Company implements administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of data processed through the Service, in a manner appropriate to the nature of that data and consistent with the requirements of Article 32 GDPR. These measures include, without limitation, encryption of data in transit, access controls, and regular security review of critical infrastructure components.

No method of electronic transmission or storage is completely secure, and the Company cannot guarantee absolute security. In the event of a personal-data breach that is likely to result in a risk to your rights and freedoms, the Company will notify you and the competent supervisory authority in accordance with Articles 33 and 34 GDPR. If you become aware of any actual or suspected security vulnerability affecting the Service, please report it promptly to support@slimfio.com.

The Company may suspend your access to the Service or any part of it, with or without prior notice, where the Company reasonably believes that:

you have violated these Terms, including Section 14 (Prohibited Conduct);

your Account poses a security risk to the Service or to other Users;

suspension is necessary to comply with applicable law or a binding order of a competent authority;

your payment method has failed and has not been remedied following reasonable notice; or

suspension is necessary to investigate suspected fraudulent, abusive, or unlawful activity.

Where reasonably practicable and not prohibited by applicable law, the Company will provide notice of suspension and, where applicable, the steps required to restore access.

46.1 Termination by You

You may terminate your Account at any time by using the account-deletion function within the Application or by submitting a request to support@slimfio.com. Termination of your Account does not automatically cancel an active Subscription Plan billed through an App Store; you must separately cancel your subscription in accordance with Section 9.2.

46.2 Termination by the Company

The Company may suspend or terminate your Account and access to the Service, with reasonable notice where practicable, if you materially breach these Terms and fail to remedy that breach within a reasonable period following notice (where capable of remedy), or immediately and without notice in cases of serious breach, suspected illegal activity, or as required by applicable law.

46.3 Effect of Termination

Upon termination of your Account, your right to access and use the Service will immediately cease. The Company will handle any personal data associated with your Account in accordance with its Privacy Policy and applicable data-retention obligations. Sections of these Terms that by their nature ought to survive termination — including Sections 17 through 20 (Intellectual Property), Section 26 through 31 (Medical and related disclaimers), Section 47 (Indemnification), Section 48 (Limitation of Liability), Section 49 (Disclaimer of Warranties), and Section 56 through 58 (Governing Law and Dispute Resolution) — shall survive termination.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and licensors (including the Third-Party AI Providers, as third-party beneficiaries of this Section) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your use or misuse of the Service; (ii) your breach of these Terms; (iii) your violation of any applicable law or the rights of any third party; (iv) any User Content you submit; or (v) any decision made or action taken by you in reliance on AI Output. This indemnification obligation shall not apply to the extent a claim arises from the Company's gross negligence or wilful misconduct, and nothing in this Section shall apply to the extent it is unenforceable against a consumer under mandatory EU consumer-protection law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, INCLUDING ANY AI FEATURE.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE:

any health outcome, injury, illness, or death alleged to result, in whole or in part, from your use of, or reliance upon, the Service or any AI Output, including inaccurate calorie or nutrition estimates, food-recognition errors, or AI-generated meal suggestions;

any financial loss arising from a Subscription Plan, Free Trial conversion, or billing dispute, save as provided in Section 11 (Refund Policy);

any loss of, or unauthorised access to, User Content, save where such loss or access results from the Company's gross negligence or wilful misconduct; and

the unavailability, error, or interruption of any AI Feature caused by a Third-Party AI Provider, as further described in Section 38.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) FIFTY EUROS (EUR 50).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF MANDATORY LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR WILFUL MISCONDUCT OR GROSS NEGLIGENCE UNDER HUNGARIAN LAW, OR FOR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE EU OR HUNGARIAN CONSUMER-PROTECTION LAW, INCLUDING PRODUCT-LIABILITY CLAIMS ARISING UNDER DIRECTIVE (EU) 2019/771 OR APPLICABLE NATIONAL IMPLEMENTING LEGISLATION.

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OR AS REQUIRED BY MANDATORY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Company does not warrant that the Service will meet your specific requirements, that it will be uninterrupted, timely, secure, or error-free, that any defects will be corrected, or that the Service is free of viruses or other harmful components. Nothing in this Section affects any statutory rights of consumers that cannot be waived or limited by contract under applicable law, including the conformity remedies available under EU consumer-protection legislation applicable to digital content and digital services.

The Service, including any underlying software and AI technology, may be subject to export control and import laws and regulations of the European Union, Hungary, the United States, and other applicable jurisdictions. You represent and warrant that you are not located in, and will not access or use the Service from, any country subject to a comprehensive trade embargo under EU or United Nations sanctions regimes, and that you are not listed on any applicable restricted-party or denied-persons list.

You represent and warrant that you are not, and are not owned or controlled by, a person or entity that is the subject of economic or trade sanctions administered by the European Union, the United Nations Security Council, the Office of Foreign Assets Control of the U.S. Department of the Treasury, or any other applicable sanctions authority. The Company reserves the right to immediately suspend or terminate the Account of, and deny the Service to, any User in order to comply with applicable sanctions law.

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, civil unrest, governmental action, labour disputes, failure or disruption of telecommunications or internet infrastructure, cyberattack, pandemic or epidemic, or failure of a Third-Party AI Provider or other essential third-party service provider.

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the Company's prior written consent, and any purported assignment in violation of this Section shall be void. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, provided that any assignee agrees to be bound by these Terms.

If any provision of these Terms is held by a court or other body of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference (including any Apple- or Google-specific terms referenced in Sections 61 and 62), constitute the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Service.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict-of-laws principles.

If you are a consumer habitually resident in a Member State of the European Union other than Hungary, the foregoing choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of habitual residence that cannot be derogated from by agreement, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

The Company encourages you to first contact support@slimfio.com to seek an informal resolution of any dispute arising out of or relating to these Terms or the Service. If a dispute cannot be resolved informally within thirty (30) days, either party may pursue the matter through the courts or alternative-dispute-resolution mechanisms described in this Section and Section 59.

Subject to Section 59 (Consumer Rights) and any mandatory venue rules applicable to consumers under Regulation (EU) No 1215/2012 (Brussels I Recast), the courts of Hungary shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, save that consumers resident in another EU Member State may also bring proceedings before the courts of their own Member State of residence.

Where you are acting in a business capacity (and not as a consumer), the Company may, at its election and by separate written agreement with you, offer to resolve a dispute through binding arbitration administered by a recognised arbitral institution (such as the Hungarian Chamber of Commerce and Industry's Permanent Arbitration Court), seated in Budapest, Hungary, conducted in the English or Hungarian language, before a single arbitrator, in accordance with that institution's rules then in force. This Section 58 does not apply to, and shall not be construed as limiting, any right of a consumer to bring proceedings before a court of competent jurisdiction or to use the European Commission's Online Dispute Resolution platform referenced in Section 59.

If you are a consumer within the meaning of applicable EU or Hungarian consumer-protection law, nothing in these Terms limits any mandatory statutory right available to you, including but not limited to:

the right of withdrawal from a distance contract within fourteen (14) days of conclusion of the contract, in accordance with Directive 2011/83/EU (Consumer Rights Directive) and Hungarian Government Decree 45/2014 (II. 26.), save to the extent you have expressly consented to immediate performance of digital content or a digital service and have acknowledged the consequent loss of the right of withdrawal;

the right to conformity remedies for digital content and digital services under Directive (EU) 2019/770 and its Hungarian implementing legislation, including the right to have non-conformity remedied, to a proportionate price reduction, or to terminate the contract in cases of serious non-conformity;

the right to access the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr for the out-of-court resolution of disputes; and

the right to lodge a complaint with the Hungarian consumer-protection authority or, in respect of personal-data matters, with the Hungarian National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság, NAIH), or with the supervisory authority of your own EU Member State of residence.

To the extent any provision of these Terms conflicts with a mandatory consumer-protection right described in this Section, that mandatory right shall prevail.

Questions, notices, and requests relating to these Terms should be directed to:

Jaguár Média Kft.

1144 Budapest, Kőszeg utca 23. 2. em. 5. ajtó, Hungary

Company Registration Number: Cg. 01-09-961644

Email: support@slimfio.com

Where you download or use the Application via the Apple App Store, the following additional terms apply and, in the event of conflict with the remainder of these Terms, shall prevail solely with respect to your use of the Application on Apple devices:

these Terms are between you and the Company only, and not with Apple Inc. ("Apple"), and Apple is not responsible for the Application or its content;

the licence granted to you in Section 16.1 is limited to a non-transferable licence to use the Application on an Apple-branded product that you own or control, as permitted by the Apple Media Services Terms and Conditions and the App Store's Usage Rules;

Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application;

in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to the extent required by applicable law; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application;

Apple is not responsible for addressing any claims by you or any third party relating to the Application, including but not limited to product-liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation;

in the event of any third-party claim that the Application, or your possession and use of the Application, infringes that third party's intellectual-property rights, the Company, and not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of such claim, to the extent required by these Terms;

Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence to use the Application, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; and

you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Where you download or use the Application via the Google Play Store, your use of the Application is also subject to the Google Play Terms of Service then in effect. The following additional terms apply and, in the event of conflict with the remainder of these Terms, shall prevail solely with respect to your use of the Application obtained via Google Play:

Google LLC ("Google") is not a party to these Terms and bears no responsibility for the Application or its content;

any Subscription Plan purchased through Google Play Billing is subject to Google Play's billing, refund, and subscription-management policies, and requests relating to such purchases should, in the first instance, be directed to Google in accordance with Section 11;

you must comply with all applicable Google Play Developer Distribution Agreement provisions to the extent they impose obligations directly on end users; and

the Company, and not Google, is solely responsible for the Application, its content, maintenance, support, and any warranty applicable under these Terms and applicable law.

63.1 Amendments

The Company reserves the right to modify these Terms at any time. Where a modification is material, the Company will provide notice by email, by in-app notification, or by posting the updated Terms within the Application not less than fifteen (15) days before the modification takes effect, save where a shorter period is required to address a legal, regulatory, or security requirement. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to a modification, you must stop using the Service and, where applicable, cancel your Subscription Plan before the modification takes effect.

63.2 No Waiver

No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that right.

63.3 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and the Company.

63.4 Language

These Terms are drafted in the English language. Where a translated version of these Terms is made available for convenience, the English-language version shall prevail in the event of any conflict or inconsistency, except to the extent applicable mandatory law requires a local-language version to prevail in respect of consumers.

63.5 Notices

Notices to the Company should be sent to the address in Section 60. Notices to you may be provided by email to the address associated with your Account, by in-app notification, or by posting within the Application.