Dietabis terms of sale of digital content

Informative translation, adapted for consumers in EU/EEA countries other than Poland. The legally binding version is the Polish one: original in Polish

Version 1.2 of 25 October 2026 — in force from 25 October 2026.

These terms set out the rules for using the Dietabis mobile app and the rules for selling digital content (meal plans) through it.

1. Seller and contact

The seller and the entity providing the service of supplying digital content is:

CodeDriven Sebastian Rosiński
NIP: 6351828443
Address: ul. Nowa 27/18, 43-190 Mikołów
Contact: kontakt@codedriven.pl
Telephone: +48 530 494 108

A business entered in the Polish Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej, CEIDG) under NIP 6351828443, hereinafter the “Seller”. The Dietabis app is published by the Seller. Complaints and other matters may be submitted to the e‑mail address above, by telephone or in writing to the address above.

Payment and the transaction itself in the Store are handled by the Store operator (§ 2 point 3), which, under its own terms, may act towards the User as the seller of the licence. This does not change the Seller’s liability towards the Consumer, as described in these terms, for the content of the Products and their conformity with the contract.

2. Definitions

App — the Dietabis mobile app, available for devices running Android and iOS.
Product — a single item of digital content available for purchase in the App: a meal plan corresponding to a “diet × kcal level” combination (e.g. the Balanced (Zbilansowana) diet at 1800 kcal). A Product is digital content not supplied on a tangible medium within the meaning of the Polish Consumer Rights Act (ustawa o prawach konsumenta).
Store — the app store through which the sale and payment are made: Google Play (for users in Poland, the content is offered by Google Commerce Limited) or the App Store (for users in Poland, the seller of the licence is Apple Distribution International Ltd.), depending on the User’s device.
User — a natural person using the App, including a Consumer within the meaning of the Polish Civil Code (Kodeks cywilny) and a natural person concluding a contract directly related to their business activity where the content of that contract shows that it is not of a professional nature for them (a sole trader who enjoys consumer protection under Article 7aa of the Polish Consumer Rights Act (ustawa o prawach konsumenta)) — to the extent that this provision grants them the protection provided for consumers.
Base recipe — a cooking recipe made available on a third‑party service (Cookidoo®), to which the App merely refers (by a link).

3. Technical requirements and services provided by electronic means

To use the App you need a mobile device running a supported version of Android or iOS, internet access (when content is first downloaded and for updates) and an account with the relevant Store.
Using the base recipes that the App links to requires the User to have their own, separate account on the Cookidoo® service — a third‑party service operated by the Vorwerk group. The Seller does not provide access to the Cookidoo® service, does not act as an intermediary in concluding or performing any contract with that service and is not affiliated with it.
The App does not log in to the User’s Cookidoo® account and has no access to its contents beyond opening a public link to a recipe in an external browser or the official app.
Through the App, the Seller provides by electronic means, free of charge: browsing the diet catalogue, the free preview of a Product (§ 4 point 5), the “Help me choose a diet” (“Pomóż w doborze diety”) questionnaire, marking favourite dishes and swapping meals in the plan; and, for a fee, the supply of purchased Products. The contract for the provision of free services is concluded when the App is first launched, for an indefinite period; the User may terminate it at any time by uninstalling the App. Terminating this contract does not affect the rights to purchased Products (§ 6 and § 12).
The content of a purchased Product is available only in the App. Access to it is protected by verification of the purchase in the Store; once downloaded, the content is also available in the App without an internet connection. No software other than the App is needed to read the content of a Product; to prepare dishes according to the base recipes, access to the Cookidoo® service (point 2) and the kitchen appliance specified in the base recipe are needed.
The User is prohibited from supplying unlawful content, including in correspondence sent to the Seller.
Using services provided by electronic means involves typical risks, such as malware or messages impersonating the Seller. The Seller never asks for payment card details or passwords; the App should be downloaded only from the Store.

4. Purchase and payment

A Product is purchased entirely through the Store — it is the Store that handles the payment, issues the proof of purchase and keeps the User’s transaction history.
The price of a Product is shown in the App and in the Store before the purchase is made and includes the taxes required by law.
Each Product is a one‑off purchase (a so‑called non‑consumable) — the App does not offer subscriptions or recurring purchases. The rules and the minimum period for which the Seller makes the content of a purchased Product available for download are described in § 12 (End of content availability).
Settlements and invoices relating to payment are handled by the Store, in accordance with the Google Play or App Store terms — the Seller does not process or store the User’s payment card details.
Each Product offers a free preview covering 1 sample day of the meal plan, available without making a purchase. The preview is not a separate contract for the supply of paid digital content and does not involve any payment.

5. Supply of digital content and the right of withdrawal

The digital content of a purchased Product is supplied to the User without undue delay once the Store confirms the purchase, provided that the User has an internet connection.
Before making a purchase, the User ticks a box in the App with a short statement by which they give express consent to the supply of the digital content before the end of the 14‑day period for withdrawing from the contract and acknowledge that, once it has been supplied, they lose the right to withdraw from the contract. On the purchase screen, the App states the Product and the price and provides links to these terms and the privacy policy; by making the purchase, the User accepts these terms. Any disclaimers specific to a diet are shown on the diet screen and on the purchase screen before the purchase is made.
Under Article 38(1)(13) of the Polish Consumer Rights Act of 30 May 2014 (ustawa z dnia 30 maja 2014 r. o prawach konsumenta), the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium for which the Consumer is obliged to pay the price, if the trader has begun performance with the Consumer’s express prior consent, the Consumer was informed before performance began that they would lose the right of withdrawal once performance was completed and acknowledged this, and the trader has provided the Consumer with the confirmation referred to in Article 21(1) of that Act (point 4 below). Without the consent in point 2 being ticked, the App does not allow the purchase to begin.
Confirmation of the conclusion of the contract is provided on a durable medium in two ways: (a) the proof of purchase issued by the Store and sent to the e‑mail address associated with the User’s Store account confirms the conclusion of the contract, the Product and the price; (b) the purchase confirmation screen in the App repeats the name of the Product, the price, the date of purchase and the full text of the consent given and of the information about the loss of the right of withdrawal, and the User can save it with the “Save confirmation” (“Zapisz potwierdzenie”) button (the system share sheet, e.g. saving to files or e‑mailing it to oneself) or with a screenshot; a copy of the confirmation is also kept on the device in the App (Settings (Ustawienia) → Your purchases (Twoje zakupy)) until the data is deleted from the device. These terms, containing the Seller’s details and the other information required by law, are available in the App’s Settings and at a public URL (https://codedriven.pl/realizacje/dietabis/regulamin/) and can be downloaded or printed. The App does not collect the User’s e‑mail address — confirmation by e‑mail is provided by the Store (the proof of purchase), and the User saves the confirmation with the text of the consent in the App as described in point (b).
The Consumer has the right to withdraw from the contract within 14 days of the day the contract is concluded (Article 27(1) and Article 28(2) of the Polish Consumer Rights Act), unless that right has been excluded in accordance with point 3 — in particular where the supply of the content has not begun or the conditions in points 2–4 have not been met. The Consumer may withdraw from the contract without giving any reason. To meet the deadline, it is sufficient to send the declaration before it expires (Article 30(2) of the Polish Consumer Rights Act).
The contract is concluded and paid for in the Store’s interface, so the Consumer may withdraw from the contract using the refund function provided by the Store: (a) Google Play — a refund request in the order history of the Google Play account (https://play.google.com/store/account/orderhistory) or in the Play Store app; (b) App Store — “Report a Problem” (https://reportaproblem.apple.com). The Consumer may also submit a declaration of withdrawal to the Seller in any form, in particular by e‑mail to kontakt@codedriven.pl or in writing to the Seller’s address (§ 1), including on the form whose model is annexed to these terms (using the form is not mandatory). It is helpful to state the Product and the order number from the Store’s proof of purchase in the declaration.
For a declaration sent to the Seller electronically, the Seller will without undue delay send the Consumer, on a durable medium — by e‑mail to the address from which it was received — an acknowledgement of its receipt (Article 30(4) of the Polish Consumer Rights Act).
If a Consumer who had the right of withdrawal has withdrawn from the contract, the contract is deemed not to have been concluded (Article 31(1) of the Polish Consumer Rights Act), and the payment is refunded without undue delay, no later than 14 days from the day the declaration is received (Article 32(1) of that Act), using the same means of payment that the Consumer used — through the Store. If the Store does not make the refund within that period, the Seller refunds the amount directly — by bank transfer to the account indicated by the Consumer or in another way agreed with the Consumer that does not involve any costs for the Consumer (Article 32(2) of that Act). After withdrawal from the contract, the Seller may prevent further use of the Product (Article 32a(4) of that Act) — once the payment is refunded, the purchase is no longer recognised in the App.
Irrespective of the Consumer’s rights against the Seller described in this section and in § 7, the User may use the discretionary refund policy of Google Play or the App Store. This is an additional, voluntary route and does not limit the Consumer’s rights.

6. Restoring purchases

As the App does not require an account to be created, information about the Products owned is linked to the User’s account in the Store, not to an account in the App.
After reinstalling the App or changing device, the User can regain access to purchased Products by using the “Restore purchases” (“Przywróć zakupy”) function available in the App’s Settings, while signed in to the same Store account that was used for the purchase.

7. Complaints and conformity of digital content with the contract

The Seller is liable to the Consumer for the conformity of the supplied digital content with the contract on the terms set out in Chapter 5b of the Polish Consumer Rights Act (ustawa o prawach konsumenta) — for any lack of conformity that existed at the time of supply and became apparent within two years of that time. A lack of conformity that becomes apparent within one year of supply is presumed to have existed at the time of supply.
The User may submit a complaint about a Product’s lack of conformity with the contract or about other malfunctions of the App or of the digital content by electronic means to kontakt@codedriven.pl or in writing to the Seller’s address (§ 1), describing what the problem is and — where possible — stating the Product and the order number from the Store’s proof of purchase.
The Seller examines the complaint and responds within 14 days of receiving it, on a durable medium (by e‑mail to the address from which the complaint was sent, or in writing). If the Seller does not respond within that period, the complaint is deemed to have been accepted.
Complaints about the payment itself or about billing in the Store (e.g. a failed charge, a double payment) should additionally be submitted directly to Google Play or the App Store, in accordance with their procedures.
If the digital content does not conform with the contract, the Consumer may demand that it be brought into conformity with the contract. If the Seller refuses, or fails to bring the content into conformity within a reasonable time and without undue inconvenience, the Consumer may submit a declaration of price reduction or of withdrawal from the contract — on the terms of Chapter 5b of the Polish Consumer Rights Act (ustawa o prawach konsumenta). The Seller then refunds the amount due without undue delay, no later than 14 days after receiving the declaration, using the same means of payment, unless the Consumer agrees to a different method of refund. If the refund cannot be handled by the Store, the Seller makes it directly (§ 5 point 8).

8. Nature of the content

The content made available in the App (meal plans, calorie values and macronutrients, descriptions of adjustments) is for information only and does not constitute medical or dietary advice tailored to the individual User. Detailed disclaimers about the nature of the content can be found in the App: Settings (Ustawienia) → Disclaimers (Zastrzeżenia).

Before starting any meal plan, the User should consult a doctor or dietitian, who will assess whether the plan is suitable for them. The meal plans are for information only and are not medical advice. Not every plan is suitable for women who are pregnant or breastfeeding, or for people with chronic conditions — these people should consult a specialist before purchasing a Product.

Base recipes are hosted on a third‑party service and may be changed or removed by it. If you notice that a base recipe differs from the description in the App or that a link does not work, write to us (kontakt@codedriven.pl). We will treat the report as a complaint (§ 7) and bring the content of the Product into conformity with the contract, e.g. by suggesting a replacement dish with a similar calorie value. This does not limit the Consumer’s rights described in § 7 point 5.

The above provisions do not exclude or limit the Seller’s liability arising from mandatory provisions of law, in particular for the conformity of digital content with the contract.

9. Intellectual property

The meal plans, the selection of dishes, the descriptions of “in the pot” and “on the plate” adjustments and the calorie and macronutrient calculations made available as part of the Products are the Seller’s intellectual property and are protected by copyright.
Purchasing a Product entitles the User only to use the digital content for their own personal use, by means of the App. Copying, further distribution, resale or making the content of the Products publicly available to third parties without the Seller’s written consent is prohibited.
The rights to the base recipes and the rules for using them are set out in the terms of the third‑party service — the App claims no rights to them.

10. Changes to the terms

The Seller may change these terms only for the following important reasons: a change in the law or in its binding interpretation, a decision or ruling of an authority or court, a change in the Stores’ terms, a change in the scope or manner of operation of the App, or a change in the Seller’s details. Users will be informed of a change to the terms at least 14 days before it takes effect by: updating the text available in the App’s Settings, a notice in the App the next time it is launched, and publishing the new version of the terms at the public URL where the legal documents are made available (https://codedriven.pl/realizacje/dietabis/regulamin/). A change to the terms does not affect contracts for the supply of digital content concluded before it takes effect, nor the scope of the content of Products already purchased by the User.

11. Governing law and out‑of‑court dispute resolution

Contracts concluded under these terms are governed by Polish law. If the Consumer is habitually resident in another Member State of the European Union or the European Economic Area, the choice of Polish law does not deprive them of the protection afforded to them by those provisions of the law of that state which cannot be derogated from by agreement (Article 6(2) of Regulation (EC) No 593/2008, Rome I).
The Consumer may use out‑of‑court methods of handling complaints and pursuing claims, in particular by asking for help from a Polish municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), from the Polish Trade Inspection (Inspekcja Handlowa) (its voivodeship inspectorates), or by applying for the case to be heard by a permanent consumer arbitration court (stały polubowny sąd konsumencki) operating at the Trade Inspection. A Consumer living in another Member State of the European Union or the European Economic Area may also ask for free help with a cross‑border dispute from the European Consumer Centre in their country of residence (the ECC‑Net network); the centres and their contact details are listed on the European Commission’s ECC‑Net page: https://commission.europa.eu/topics/consumers/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en.
Up‑to‑date information on the available procedures for out‑of‑court resolution of consumer disputes and on the authorised bodies is published by the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) at https://polubowne.uokik.gov.pl.
Using out‑of‑court methods of handling complaints is voluntary. The Seller consents to taking part in out‑of‑court consumer dispute resolution proceedings only before the Polish bodies referred to in point 2 — the municipal or district consumer ombudsman, the Trade Inspection and the permanent consumer arbitration court at the Trade Inspection; if the dispute is not resolved through the complaint, the Seller will confirm this consent in its response to the complaint. Help from a European Consumer Centre is not out‑of‑court dispute resolution proceedings within the meaning of this point.
The provisions of these terms do not limit the Consumer’s rights arising from mandatory provisions of law, nor the Consumer’s right to pursue claims before the court having jurisdiction under the general rules, including the court of the Consumer’s place of domicile (Article 18(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council, Brussels I bis).

12. End of content availability

The Seller makes the content of purchased Products available for download for as long as the App is maintained in the Stores, and for no less than 24 months from the date of purchase. Once downloaded, a content package remains available offline on the User’s device even after availability has ended. The Seller will announce a planned end of availability in the App at least 3 months in advance.

Annex — model withdrawal form

(complete and return this form only if you wish to withdraw from the contract; instead, you may use the Store’s refund function or submit a declaration in any form — § 5 point 6)

To: CodeDriven Sebastian Rosiński, ul. Nowa 27/18, 43-190 Mikołów, Poland, kontakt@codedriven.pl
I hereby give notice that I withdraw from my contract for the supply of the following digital content: …
Order number from the Store’s proof of purchase: …
Date the contract was concluded: …
Name of consumer: …
Address of consumer: …
Signature of consumer (only if this form is sent on paper): …
Date: …

Terms of use