TERMS OF USE

Welcome to the BALANTIA® Application

Welcome to the BALANTIA® subscription application. The use of the Application, the services offered through it and the content are subject to these terms of use, as in force at any time, which also constitute the agreement between BB GROUP SINGLE-MEMBER LLC and any person who uses the Application and its services. Each user of the Application is automatically presumed to have received full knowledge and agrees with the content of the terms of use that are detailed below.

1. PREFACE – ACCEPTANCE OF THE TERMS OF USE

The following General Terms and Conditions of Use of the Application and the service (hereinafter referred to as “Terms of Use”), as they apply each time, set the terms and conditions under which the service (hereinafter referred to as the “Service”) described below is provided and constitute the legally-binding terms and conditions between BB GROUP SINGLE-MEMBER LLC (hereinafter the “Company“) and those who download the Application and gain access and/or use it.

Please read the entire text of the Terms of Use, as it constitutes the full text of the contract you have entered into, upon your registration, with the Company. In case you disagree with any term and/or with all of them, you must not use the BALANTIA® Application and not register on the platform or use it.

By downloading the Application and accessing and navigating the Application and/or registering and/or using the BALANTIA® Application (hereinafter the “Application”), in any capacity, you confirm that you have read, understood and unconditionally accepted these Terms of Use (including the Privacy Policy). Downloading the Application and/or registering as a user (hereinafter “User”) on the Application or on the website and/or using the Service, automatically implies your unconditional acceptance and compliance with these Terms of Use, while each time you enter the platform and use the Service, you reconfirm your agreement with the Terms of Use, which may be modified without prior notice.

2. PROVIDER – SERVICE DESCRIPTION

 

2.1. Service Provider

BALANTIA® application provided by the Private Capital Company under the name BB GROUP SINGLE-MEMBER LLC, based in Piraeus, at 2 Kythiron Street, Postal Code 18541, Greece, with VAT number 801898550  ATTICA STATE COMMISSIONER’S OFFICE, with General Commercial Registry number 165405309000, email support@balantia.app.

2.2. Brief description

BALANTIA® application (mobile application) is a subscription-based application that provides you with a supportive environment for controlling your energy intake and weight, as well as the intake of certain nutrients.

The Company has created the BALANTIA® application for operation on mobile devices, which will make use of any information or element (such as documents, files, texts, graphs) contained therein (hereinafter referred to as “the Content”). The use of the Application, the Services offered through it and the Content are subject to these Terms of Use, as in force at any time, which also constitute the agreement between the Company and any person who will install and/or use the Application and its Services.

By entering/recording their anthropometric and personalized characteristics, the User has an immediate idea of the daily caloric intake limit that they must meet in order to achieve the desired modification (reduction or increase or maintenance) of their weight. The User can shape, daily, the composition of their diet, based on their preferences and at the same time, have special diagrams guide him, so that they enjoy nutritional adequacy and caloric limitation. In addition, through the Application, incentives are provided to the User, in order to start some form of exercise or, if they are already exercising, to continue doing so, since the type of exercise and its duration are recorded and the Application calculates the caloric surplus that the User can consume, depending on their activity. Additionally, the BALANTIA® application can provide nutritional information about a food product by taking a photo or scanning a barcode for the foods of the User’s choice.

 

3. YOUR ACCOUNT – NOTIFICATIONS

 

3.1. Account creation – entering information

Access to the Service is achieved through the BALANTIA® application.  (mobile application), which is accessible via compatible portable electronic devices (smartphones), with IOS or Android software, available for download and use, on the AppStore and PlayStore (hereinafter “Application Platform”). The use of the Application is done by creating an individual account, within the Application, through third-party applications (email, Google, Facebook, Apple). The User’s registration in the Service is quick and simple: they enter an email address (email) and then receive a link to the email they have registered or they register via Google, Facebook, Apple. The Company collects this data within the framework of its legitimate interest to identify the Users of the Application, each time they request access to it, but also for the security of the Users themselves. The Company bears no responsibility in the event that a third, unauthorized person breaches the User’s accounts in third-party applications (hacking), consequently gaining access to the User’s Account and data, which are kept in the BALANTIA® application.

Upon completion of registration, your account (hereinafter referred to as “Account”) is activated. The Application’s communication system will notify you by e-mail to the e-mail address you provided when creating your Account.

3.2. Account information

You need a User Account in order to use the Application Services. You must ensure that the information relating to your Account (i.e. the information you provide when registering on the Application) is complete, accurate and correct. Each User Account is non-transferable and any rights therein cease to apply upon the death of the Account holder. If there is any change in the information relating to your Account, you must indicate it by changing the corresponding fields in your Account.

3.3. Accessing your Account

The User is responsible for any activity that occurs on or through their Account. In order to protect your Account, keep your password confidential. Do not reuse your Account password on other services. Without prejudice to your statutory rights, if you forget your password and cannot otherwise validate your Account on the Application, you acknowledge and agree that your Account may be inaccessible to you and that all data associated with your Account may be unrecoverable.

The User is obliged to keep the password to the Application secret and not to disclose it to any third party. In case the User believes that the password has been stolen or disclosed to a third party, they must change it, otherwise they bear sole responsibility for their actions or omissions in the Application.

A service is provided for the password change process for your Account in the Application, provided that you use the email account with which you made your initial registration in the User registration and identification system in the Application.

IMPORTANT WARNING : It is understood and accepted that, in the event that the “User” registration took place through third-party applications (email , Google , Facebook , Apple) and the User loses access to these applications, either due to loss of passwords, or due to loss of control over them, due to their violation by third-party, unauthorized users (hacking), then the user may also lose the ability to access the BALANTIA® Application and Services .

3.4. Notifications

The Application may provide you with notifications, including announcements, regarding the Services and notifications, the current Terms of Use, via email, text messages or SMS, MMS, or in-app messages, postings on the Services and more, without limitation. The Application may also send you notifications, promotional or otherwise, advertisements, product placements or display data (images, videos, etc.) related to products or to a proposal to acquire them. You agree to receive these notifications via any and all of the above means.

3.5. Conditions

1. Use. You agree that you are permitted to use the Application, in accordance with applicable law. This Application may be used solely and exclusively by individuals who do not fall under the exceptions listed below. If you are using the Application on behalf of another individual, you declare that you have the legal authority to accept these Terms of Use on behalf of that individual.

Important notice: The Application is not intended to provide telemedicine services or, in general, to provide general or specialized medical services and the Content and information contained therein do not substitute for clinical examination or medical/pharmaceutical treatment and care or dietary monitoring, which may be required, due to the health status of each individual, nor should they be considered as a recommendation for a specific action or omission. The recourse to a specialist scientist for the provision of instructions, for the resolution/treatment of medical or related problems is irreplaceable and mandatory.

1. Age. If you are under 18 years of age (as defined in the Exceptions Section below), you cannot register on the Application.

III. Inclusion in cases of Exceptions. If you fall into any of the “Exceptions” categories, as set out in this sub -chapter, you cannot register on the Application.

The following categories of persons are excluded, as stated above, from using the Application:

– Minors under 12 years of age.

– Minors under 18 years of age, unless they have guardian consent.

– Natural persons who are provided with any kind of medication or are under medical supervision for any reason (indicatively chronically ill, pregnant women, etc.), or persons who have been notified of an explicit medical prohibition to refrain from any form of diet, exercise or have allergies or other conditions and/or illnesses, unless they have received a medical certificate or written instructions from a doctor that they are capable of undergoing a caloric diet/diet and always under the guidance and advice of the health professional who is monitoring them.

When you create a new User account on the Application, you automatically confirm and agree that you do not fall under the above Exceptions.

 

BY ACCEPTING THESE TERMS, IN ACCORDANCE WITH THE ABOVE, YOU EXPRESSLY AND UNRESERVEDLY STATE THAT YOU ARE OF LEGAL AGE PERMITTING YOU TO BE BOUND BY THESE TERMS WITH REGARD TO THE USE OF THE APPLICATION AND THE SERVICE AND THAT YOU ARE LEGALLY OPERATING AND HAVE OBTAINED ALL NECESSARY APPROVALS AND LICENSES FOR YOUR REGISTRATION ON THE PLATFORM AND USE OF THE SERVICE.

4. USE

 

4.1. Use of the Application and Services

You are required to follow the guidelines or policies related to the Application and the Services provided. You may not abuse or interfere with the Services or attempt to access them using methods other than the user interface and instructions provided. You may only use the Services as permitted by law. You may not use the Services or any part thereof for any commercial purpose. The User’s registration and participation is personal, non-transferable and non-assignable. The User is responsible for the accuracy, truthfulness and updating of the data recorded/entered in the Application. The Application is based exclusively and solely on the User’s statements regarding the data and information recorded/entered on the platform, as well as the personal data that Users record/enter, during their registration or subsequently on the platform, as well as the data and information that are generated or transmitted to the platform by them or through it, in the context of using the application, the Terms of Use and the Personal Data Protection Policy. By registering, the User provides their consent for the collection and processing of their data and information, based on these Terms of Use and the Company’s Personal Data Protection Policy, which Terms of Use and Personal Data Protection Policy they declare that they have read, understood and accept.

4.2. How to use the Application

To use the Application services, you are required to:

1. Accept the Terms of Use and consent to the Application’s Privacy Policy.
2. When registering, please provide your complete and accurate personal information requested each time.

III. Update any changes immediately.

You must ensure that the information relating to your Account (i.e. the information you provide when registering on the Application) is complete, accurate and correct.

It is expressly agreed that the User is solely responsible for the accuracy and correctness of the information, data and details that they record/enter into the Application, during the registration or use process.

5. REGISTERED USER BEHAVIOR

You agree not to use the Services for the following purposes:

1. To make available any content that is harmful to children, threatening, offensive, harassing, harmful, defamatory, vulgar, obscene, libelous, invasive of the privacy of others, hateful or inappropriate, such as racist, offensive to ethnicity, religion, gender, political preferences, social class, but also individual personal choices and preferences, or otherwise inappropriate or illegal,
2. To violate any applicable laws or regulations,

III. To impersonate any person or entity or to forge or manipulate headers or identifiers in order to disguise the origin of any content included in or transmitted through the Service,

1. IV. To make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity,
2. To post content that contains advertisements or other buying or selling activities without prior written consent,
3. VI. To make available viruses or other software, computer and internet technology code, malicious files, programs or content designed to interrupt, malfunction, destroy or limit the functionality of the Application or affect other users or

VII. To interfere with or disrupt the Services or the servers, systems or networks connected to the Services in any way.

5.1. Compensation

If you use the Application for commercial purposes in violation of the Terms, despite the express prohibition to that effect, you are obliged to protect yourself from any losses or damages and to compensate the Company from any claim or action arising out of or in connection with the use of the Services or the breach of these Terms, including any liability or expense incurred to cover the cost of dealing with claims (including claims due to negligence), losses, damages, lawsuits, judgments, generally legal costs and attorneys’ fees.

6. COMMENTS – SUGGESTIONS

You agree that any recommendation, idea, proposal, suggestion, comment or other report (hereinafter referred to as “Comments”) that you may submit, exclusively and solely, by sending an email message to the official email Account : support@balantia.app, regarding the Application and the Services, may be used by the Company, without any notice, obligation, limitation, refund or compensation to you, to improve the Services provided and upgrade the Application software.

7. PRICING POLICY
8. Subscription. The BALANTIA^® Service is subscription-based and is provided to users in exchange for a fee charged on a monthly, annual, or other periodic basis (hereinafter referred to as the “Subscription”). Payment is made through the Application Platform, via its payment environment governed by the respective terms of use of each Application Platform. The User makes the payment through the Application Platform using the payment card registered in it. The payment process is conducted in a payment server environment (payment gateway) of the respective Application Platform. Then, the online payment environment of the Application Platform may request approval of the payment. Then, it returns to the Application after being notified of the execution or not of the transaction, by the payment server (payment gateway) used. Please note that we do not and cannot control the operations of the payment service processing tools. Users must be legally authorized to make payments with the selected payment method. In case you believe that an unauthorized payment has been made, please contact your bank or other competent authority immediately and report the incident. The Company bears no responsibility for unauthorized payments and cannot act on your behalf or at your instruction to revoke them.

Important notice : The Subscription is automatically renewed for an equal duration (monthly, annual or other periodic basis) as the initial registration, provided that the User does not cancel the automatic renewal before it takes place, while the amount of the Subscription as well as its legal charges (VAT) may vary, according to the Company’s policy and the tax provisions in force at any time. Similarly, the Subscription will be automatically renewed if the User does not cancel during the free trial period and the User will be charged, proportional to the plan selected by them, when registering on the Application.

1. Offers. Occasionally, we may offer special programs, offers, discounts or promotions to different categories of users. The User consents to receive updates on offers that may be in effect from time to time.

III. Subscription Cancellation. In case of cancellation of the monthly, annual or other Subscription term, before the end of its prepaid validity period, the Company is not obliged to refund or credit you for the incomplete Subscription period. In this case, access to the Service will be available until the end of the current paid Subscription. We clarify that (a) any deletion of the Application from your device does not imply cancellation of the Subscription and (b) cancellation stops any billing from the end of the period of use of the Application, for which you have paid your Subscription. Subscription cancellation takes place through the special subscription cancellation section of the mobile device or through the Application Platform and the account you maintain on it, through which you made the corresponding Subscription charge.

1. IV. Free Trials. The Company may offer a free trial, which will be valid for a specific period of time, in order for you to try the Application, without any charge or obligation (hereinafter referred to as “Free Trial”). Unless otherwise stated and unless you cancel your Subscription before the end of the Free Trial period, after which, charges will be made based on the pricing policy, which will continue until the cancellation of the Subscription, as stated above.
2. No refunds. All charges are non-refundable, unless otherwise provided for in the payment policy (charges/credits) of the terms of use of the respective Application Platform and except in cases of early withdrawal, according to the consumer protection provisions, as set out in these Terms of Use.

8. ADDITIONAL INFORMATION – EXPLANATIONS

Security of the payment card transaction process. Each payment is activated by the Application Platform and is made directly, through the payment server (payment gateway). Your card details are registered in the corresponding online payment environment of each Application Platform, which is bound by its terms of use. The process is automated and controlled exclusively by the Application Platform.

9. RIGHT OF WITHDRAWAL

In case you purchase the BALANTIA® service, outside the Application platform (App store and Play store), then, based on Law 2251/1994, you are entitled to withdraw without giving any reason from the distance contract for the provision of services under the following conditions:

1. By a declaration of withdrawal which you must address to us exclusively within a period of fourteen (14) calendar days from the point in time at which you first start using the Application, including, within this period, the period of the Free Trial of the Application.
2. In case you start using the Application for the first time and choose a period of time less than the aforementioned 14 calendar days, where available, then your right to withdraw ceases from the moment the services offered are completed. By accepting these terms and conditions, you accept in advance the above loss of your right of withdrawal, in this case.

III. After the above time periods have elapsed, you will be liable for all charges that will be imposed, without having the right of withdrawal.

You may exercise your right of withdrawal by completing the withdrawal form and sending it to the following contact details:

By registered letter to BB GROUP, 2 Kythiron str, Piraeus, P.C. 18541 or by email to the following address: support@balantia.app.  

You should be aware that, if you exercise your right of withdrawal, in any of the ways described above, you will receive confirmation of receipt of the exercised right of withdrawal. 

In the event of timely and effective withdrawal, you will be refunded the money for any payments you may have made. Otherwise, the provisions of Law 2251/1994 on consumer protection apply.

If you request that the Services be performed during the withdrawal period, you may be required to pay an amount for the Services provided up to the time you contacted us to withdraw from the contract, in relation to the full coverage of the contract.

Nothing in these Terms of Use affects any legal rights you have as a consumer under Greek and EU law, which cannot be modified or waived by contractual term.

IMPORTANT NOTICE: Since BALANTIA® services take place through an Application Platform, then only the terms of payment, withdrawal, subscription cancellation and/or renewal provided by the respective Application Platform will apply.

10. COPYRIGHTS
11. Copyright. The copyright of the technological platform/Application and its corresponding software code, as well as the rights to use the applications developed with its use, for commercial or other purposes, which are protected by the relevant provisions of national and European legislation, belong exclusively to the Company. The republication, reproduction, whether in whole, in part or in summary, or adaptation of the Application’s content by any means, is prohibited without prior written permission.
12. Ownership and Reuse. Use of the Application and its Services does not grant you ownership of any intellectual property or other ownership rights or interests in the Application, the Services or its Content. You may not remove, cover or alter any legal notices appearing within or alongside the Application and the Services. Reproduction, modification, rental, leasing, sale, marketing, distribution, transmission, broadcast, public display, creation of derivative works or exploitation for any commercial purposes of any part, as well as access to the Services (including the Content, the Database, the Application Programming Interface – API and the software), is prohibited, except with the express, written permission of the Company.

III. Software License. Subject to your continued compliance with these Terms of Use, the Company grants you a personal, non-transferable, non-assignable, revocable and non-exclusive license to use the software and the Database through the Application Programming Interface (API) provided to you as part of the Services. This license is provided solely to enable you to use and enjoy the benefits of the Services, as provided by the Company, in the manner permitted by these Terms of Use as applicable from time to time. This license does not transfer title to the Application and its components and is subject to the following restrictions: (1) you must adhere to all copyright and other proprietary notices in this Application and (2) you may not modify the Application and its components in any way or reproduce or publicly display, or distribute or otherwise use the Application and its components for any public or commercial purpose, except as otherwise permitted herein. You may not reverse engineer or attempt to extract the source code of the Application and Database software unless you have the express, written consent of the Company. The Application may automatically download and install security and other software updates without prior notice to you.

11. PRIVACY POLICY AND PERSONAL DATA PROTECTION

By using the Application, you agree to our privacy policies and you agree that the Application may use your information in accordance with our privacy policies. By using and benefiting from these Services, you acknowledge that the Application Services are based on personalization. The provision of the Services is only possible by using your personal data to provide personalized Content. Visit the BALANTIA® Application Privacy Policy to learn more about personalization.

12. MODIFICATION AND TERMINATION OF THE APPLICATION AND SERVICES
13. We are constantly innovating, changing and improving the Application. We have the right to add or remove functionalities or features, to create new limits on the Services or to temporarily or permanently suspend or terminate any Service. For any such change, the Company will make every effort to promptly inform the user, through the Application.
14. II. You may stop using the Application at any time. You are provided with the option of permanently and irrevocably deleting your account from the “Reset – Delete Account” option in the “Settings – Account” This option will also delete all of your entries-data and recordings that you have made within the application. For this reason, you should ensure that you retrieve or copy them to your own media.

III. Without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or cancel your Account or impose limits or restrict your access to parts or all of your Account or the Services:

1. If you violate or we believe you are about to violate the Terms of Use, including any embedded agreements, policies or guidelines,
2. In response to requests from the Authorities or other government agencies, within the framework of valid legal process,
3. c. Due to unexpected technical or security problems or
4. If your Account has been inactive for extended periods, in accordance with our account deletion policy. In particular, a relevant notification is sent before the end of the prepaid period. If you do not respond, you may be sent a final notification before the end of the prepaid period. If the use of the Application is not renewed for one of the stipulated periods, then your Account is placed in a dormant status. It may remain in this status for a maximum period of 365 days. After the above period has elapsed, the Company may delete the User Account, without obligation to notify. In addition, the user’s personal data will not be able to be recovered after the above period has elapsed.
5. IV. Without prejudice to any statutory rights you may have, if your Account is terminated, either in accordance with the Terms of Use in paragraph 12III hereof, or upon your own decision, it is permanently and irrevocably terminated and access to the Account and all related information and Content associated with your Account will not be possible.

13. LIMITATION OF LIABILITY
14. To the maximum extent permitted by applicable law, the Company, its employees or representatives make no representation, promise, warranty, express or implied, regarding the Services provided through the Application. Your use of the Application and its Services, including the Content contained therein, is at your own risk and based on your knowledge of your own condition, its particularities and your personal schedule. We do not represent, promise or guarantee that the Application services will achieve the desired outcome for you, given that this Application does not replace or substitute for in-person consultation, diet and/or treatment with a professional dietitian or healthcare professional.

Furthermore, the Company bears no responsibility for the ingredients of the general category foods and commercial products proposed by the Application. It is noted that the nutritional composition of commercial foods is the one indicated on their label and may vary without notice. In general category foods and commercial products whose composition is not indicated, either the composition of a similar type of food has been recorded, or an average value has been used or calculated, or the composition field is left empty, due to the inability to provide the information. The Company cannot know the exact production ingredients of each food or product and therefore bears no liability in this regard. The Company will make every effort to correctly record these ingredients, however, it bears no responsibility for incorrect entries due to oversight or human error. Accordingly, the Company bears no responsibility for the ingredients of labeled products, general–category foods, the composition of meals, the composition of recipes, or the composition of the food preparations for consumption, recommended by the lists in the Application.

Ιa. Nutritional information of a food item via photo capture.

The ​​ BALANTIA® application provides the user with the ability to obtain​​​​ nutritional information​​​ for food products, simply by taking a photo of them with the device on which the​​ BALANTIA® application is installed. The User follows the instructions provided in the Application for taking photos and once the photo is captured, the BALANTIA® application automatically recognizes the quality and quantity of the foods photographed, in order to provide the User with the appropriate nutritional information. The User undertakes the obligation to use exclusively photos they have taken themselves, excluding any third-party photos, and to photograph foods through the BALANTIA® application. It is the responsibility of each User to ensure that the photos they capture do not depict facial features or personal data.

It is noted that the accuracy of the nutritional information provided depends on the quality of the photo (lighting, angle, clarity), the type of food/food item (traditional or homemade dishes may not be in the database), portion size (the estimate may deviate from reality, especially if there is no reference object in the photo, e.g. a spoon, hand, etc.). Also, for simple foods (e.g. fruit, bread) the accuracy of the nutritional information is higher, compared to that of complex dishes (e.g. moussaka, pastitsio). Consequently, it is accepted that the Company bears no responsibility in relation to the accuracy of the nutritional information, the content of which is a product of artificial intelligence.

Ιb. Nutritional

information of a food item via barcode scanning.

The BALANTIA® application allows the user to obtain information about foods, simply by scanning the barcode of the food of interest, using the device on which the application is installed. The User is invited to follow the instructions provided in the BALANTIA® application for scanning the barcode or QR code (two-dimensional barcode). Once the scan is completed, the BALANTIA® application automatically recognizes the food in question in order to provide the User with the appropriate nutritional information.

It should be noted that the nutritional information provided by the BALANTIA® application is sourced from the database where it is maintained, and has been posted under the care and responsibility of the food producer or distributor, and the Company bears no responsibility regarding its accuracy.

Ιc.

Calculations of energy expenditure due to exercise are estimates, not measurements, and may differ from actual values.

Important notice: Given that the Application enables the User to enter new foods, new meals, new recipes and other information, it is understood and accepted by the User that he is solely responsible for the correctness of the information they enter and that the analysis of the food composition and its caloric value are affected by the information entered by them. It is also accepted and fully understood that the above (composition analysis and caloric value) are affected by the cooking conditions (temperature, utensil, etc.), the operator, the application/implementation of the recipe, as well as by the absence, sometimes, of complete information on all the nutritional components contained in the food. Furthermore, given that the user can set their own daily calorie intake goal, which may differ from the one suggested by the BALANTIA® application, based on the information provided by the user (age, gender, height, weight, desired weight, rate of weight loss or gain, intensity of daily exercise/activity, dietary preferences, etc.) It is understood and accepted by the User that they alone are responsible for this action, and in any case it is recommended that the User seek professional advice from a specialist (dietician/physician), and accordingly, the Company fully disclaims any liability.

 

1. II. Furthermore, taking into account that the use of the Application is done remotely, via the internet and electronic services, it can in no case substitute the services of doctors and health professionals. We bear no liability whatsoever for any harm or damage to your health, whether it relates to and/or affects any health condition declared by you, at the time of your registration with the Application or thereafter, or any health data that has or has not been declared in the Application. Your use of the Application, including its Content, is at your own discretion and responsibility based on your own statements and your knowledge of your condition, its particularities and your personal schedule. We do not represent, promise or guarantee that the use of the Application will not have any adverse effect on your health condition.

III. Furthermore, you understand and accept that no data transmission over the internet or through information storage technology is guaranteed to be secure and therefore the Company fully disclaims any warranties, express or implied, in this regard.

1. IV. In addition to what is expressly defined herein, the Company shall bear no civil, criminal or other liability toward the User or any third party deriving rights from them, in the event that any of the above, in the course of using the Service, suffers any direct, indirect, incidental or consequential damage, included but not limited to loss of profits, harm to their business, income, or reputation, reduction in product sales or frequency of service provision or any other direct, indirect or consequential loss or damage, whether financial or otherwise, including loss of profits, arising from:
2. Any delayed or improper sending, transmission, transfer, storage, or receipt of any information and/or content or any loss or destruction thereof, due to errors, omissions, technical glitches, faults or malfunctions of telecommunications networks, the Internet, the website or Internet Service Providers (Internet Service Providers).
3. Any permanent or temporary deactivation of the Application, cessation of operation of the entire Application or its individual functions, deletion of a User Account or technical failures of the Application in accordance with the provisions herein.
4. Any events, circumstances, actions, acts and omissions of the Company or third parties, including the Users themselves, for which the Company provides no warranties and bears no liability in accordance with the provisions herein.
5. Any use by Users or third parties of User data (including any personal data) for purposes other than the use of the Service and the provision of services, as a result of a breach (hacking).
6. e. Any violation of applicable personal data protection laws or other legislation that is indicatively related to the use of the Service, which is not due to the Company’s intent or gross negligence.
7. Any discrepancy between the system time or the Service time and any officially determined time.
8. f. Any events of force majeure.

In any event, unless otherwise provided by law, we shall bear no liability, under any circumstances, for any direct, indirect, consequential, incidental, special, positive, punitive or exemplary damages or expenses or financial penalties, including, indicatively and not limited to, loss of profits, loss or damage to property, and any third–party claims arising out of or in connection with the use, copying, or display of this Application or its content, or your access to the Services, or any other linked website, regardless of whether we have been informed of, knew or should have known of such possibility. This includes, without limitation, losses arising from or in connection with the deletion, alteration, failure to store data maintained or transmitted by the Application, the restriction, suspension or termination of your account your obtaining or sharing of information, including personal data, through the Services, unauthorized access to your Account or to any data maintained or transmitted by the Services, links provided by the Application or by third parties to external sites or Terms of Use, your transactions or participation in promotional activities of advertisers located on or through the Services or any goods or services sold by such advertisers. The Company and the aforementioned involved individuals shall bear no liability for issues caused by others, or for improper or unlawful acts of third parties.

1. You should not use the Application and the information it provides to make any diagnosis regarding your weight and health, or to determine any treatment, medication intake or their effect on the body, without first consulting a qualified healthcare professional. This Application can in no way replace any medical examination or dietary intervention.

Important notice: The Company is not responsible for the impact of the User’s dietary behavior on the User’s body, in relation to any medication taken, as well as for the result thereof. It is the User’s sole responsibility to continuously monitor their health indicators and to modify the medication and/or dietary habits, where deemed necessary, following the order/instruction of the treating Physician.

THE LIMITATIONS SET FORTH HEREIN REGARDING LIABILITY FOR DAMAGES APPLY EVEN IF THE TERMS OF THIS AGREEMENT HAVE NOT BEEN FULFILLED, ARE DEEMED VOID OR OTHERWISE UNENFORCEABLE. THE USER ACKNOWLEDGES THAT THESE LIMITATIONS ARE REASONABLE, FORM THE BASIS OF THIS AGREEMENT, AND THAT WITHOUT THESE LIMITATIONS, THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.

14. MODIFICATION OF TERMS OF USE

The Company reserves the right to unilaterally modify, renew, delete, add, limit a) these Terms of Use, in whole or in part, b) its Policies, c) the Service d) the technical specifications of the Application ( hereinafter the “Changes” ), at its absolute discretion and/or when any change, according to the above, is imposed by law, without prior notice or consent of the User, always within the framework of business ethics and the limits set by the Law. Such Changes, modifications, additions or deletions to the Terms of Use and the conditions of use will come into effect immediately upon their recording and posting on the Application. Any use of the Application or the maintenance of your Account in the Application, after the effective date of any amendments to the Terms of Use, is equivalent to your acceptance of the Terms of Use, as they will have been formulated. However, please check the Terms of Use of the Application from time to time. It is clarified that any change to these Terms of Use does not affect incidents or other transactions and uses of the platform and the Service, which you have already carried out, before the effective date of the Changes , in accordance with the above and which the Company has accepted. In the event, however, that you wish to obtain any clarification or information regarding the Changes, or have any disagreement, reservation or question related to them, you can contact the Customer Service Department at support @ balantia . app before performing any action in the Application. Any action, use or transaction by you in the Application, including the use of the Service itself, now or after the, according to the above, Changes, is considered as an unconditional acceptance of them . Any information/clarification provided in accordance with the above by the Customer Service Department of the Company regarding the Terms of Use, does not constitute a replacement, substitution or any modification of these Terms of Use, as they are provided solely for the purpose of providing assistance to Users, and the Terms of Use constitute our sole and exclusive agreement.

 

15. OTHER TERMS – USER STATEMENTS

Users must respect the intellectual property rights of third parties, their personal data and their personality and not offend them by posting comments, information and in general by their actions or omissions.

Regarding the protection of personal data, each User must take appropriate technical, organizational and legal measures to ensure the privacy and security of information.

Application Users also expressly and unreservedly declare and warrant that:

In the event that a third party acts in their name and on their behalf (Authorized User):

That he has received all necessary permissions for the provision of his data, information and information concerning him, including consents, in accordance with the applicable legislation for the protection of the personal data he provides.

They have taken and will constantly ensure that appropriate technical, organizational and legal measures are taken to ensure the confidentiality and protection of personal data.

At their own risk and expense, they will immediately take all necessary measures and in any case will fully and completely indemnify the Company for any claim, loss, damage, cost, expenses, liabilities, responsibilities, penalties, fines, attorney’s fees that these persons may be required to pay as a result of (a) any violation by them of these Terms of Use, their statements and their warranties, pursuant to this, the intellectual or other rights of the Company (b) any other act or omission during the use of the Service that is illegal.

The information and data they enter into the Application are complete, true, and up-to-date .

The use of the Application is done exclusively at their own risk and any act/omission binds the User himself, exclusively, and that the Application is available only for personal and not for commercial use.

Users must not make bad faith use of the Service and must declare facts and data that concern them.

The use of the Application and the Service by Users and any transaction they make through the Application is at your sole risk.

16. ABOUT THESE TERMS
17. Continued Use of the Services . You may discontinue use of the Application and the Services at any time, and your continued use of the Application and the Services or your continued use of your Account on the Application after the effective date of any modifications to the Terms of Use shall constitute your acceptance of the Terms of Use as modified.
18. Waiver and Severability of Terms . The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms of Use is held invalid, the Company and you agree that the intentions, as reflected in the provision, shall prevail and the other provisions of these Terms of Use shall remain in full force and effect.

III. Assignment by the Company The Company has the right to freely assign this Application and these Terms of Use and all policies and other documents incorporated into or referred to therein (including all rights, licenses and obligations arising therefrom), in part or in whole and without notice, for any reason, including the purpose of internal restructuring (indicatively, due to a merger or acquisition).

IN THE EVENT THAT ANY TERMS OF THIS AGREEMENT ARE DETERMINED TO BE INVALID, UNLAWFUL OR UNENFORCEABLE FOR ANY REASON, IT WILL NOT AFFECT THE VALIDITY OF THE REMAINING TERMS OF USE, WHICH WILL CONTINUE TO BE APPLIED.

17. PROVISIONS REGARDING THE CONTRACTING PARTIES, CHOICE OF LAW, PLACE OF DISPUTE RESOLUTION AND OTHER LOCAL PROVISIONS FOR THE AREA

It is expressly agreed that any dispute that may arise from or in relation to the use of this Application shall be subject exclusively to the jurisdiction of the Courts of Piraeus and Greek Law shall apply.

Any notification of documents to the Company shall be made at its registered office, unless a relevant change has been notified, within the framework of these Terms of Use.