General Terms and Conditions

1. Introduction
   1. These General Terms and Conditions (the “T&Cs”) govern the entire relationship between you the Client and the Company acting as an individual meal plan provider based on sugar, fiber and glycemic load intake.
   2. Before the Distance contract is concluded, the Client will be provided with the text of these T&Cs electronically or in durable format. If this is not reasonably possible, the Company will indicate, before the Distance contract is concluded, in what way these T&Cs are available for Client`s review at the Company`s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client`s request.
   3. The Client is obliged to carefully read these T&Cs before accepting them and using the Services of the Company.
   4. The Client is also advised to read the answers to the “Frequently Asked Questions” which are published on our Website.
2. Definitions
   1. Part of the definitions are defined in the introductory part of these T&Cs. Unless these T&Cs provide otherwise, wherever used in these T&Cs, including the introductory part, the following terms when capitalized shall have the following meanings:

	Agreement	shall mean these T&Cs for providing individual meal plan based on sugar, fiber and glycemic load intake concluded online by the Company and the Client.
	Client	shall mean the user of the Company’s Services as explained in these T&Cs.
	Company	shall mean Kilo group LTD, company code 303157579, registered address at Ramybės str. 4-70, Vilnius, European Union, office address at Antakalnio st. 17, Vilnius, European Union, e-mail: [email protected] a company incorporated under the laws of Lithuania, data about the company is stored and kept with the Register of Legal Entities of the Republic of Lithuania (the “Company”).
	Offer	shall mean the offer to accept T&Cs of Services provided by Company to the Client.
	Privacy Policy	shall mean the privacy policy of the Company published on the Website.
	Services	shall mean the individual meal plan based on sugar, fiber and glycemic load intake provided by the Company to the Client as well as the accessibility to the Website, including information, text, images offered or provided on the Website.
	Digital content	shall mean individual digital meal plans based on sugar, fiber and glycemic load intake  sold online by the Company.
	Distance contract	Shall mean a contract concluded between the Company and the Client within framework of system organized for the distance sale of Digital content.
	Website	shall mean the website of the Company available at mydiabetes.diet.

3. Submission of the Offer
   1. The Company will provide the Client with a possibility of receiving an Offer through the Website.
      1. Procedure

3.1.1.1. The Client will choose his/her sex;

3.1.1.2. The Client will choose how much time he/she spends for meal preparation;

3.1.1.3. The Client will choose products to be included in the plan;

3.1.1.4. The Client will choose his/her physical activity level;

3.1.1.5. The Client will choose how willing is he/she to lose weight;

3.1.1.6. The Client will type-in the following data on the Company’s website:

1. age;
2. height;
3. weight;
4. target weight;
5. contact email address;
6. other information requested by the Company during the Client’s onboarding process.
   2. Upon submission of the information established in Section 3.1. of these T&C, the Client will be provided with the Offer. The Offer will include information on the following:
      1. payment amount for a single meal plan;
      2. payment options: via credit card or other allowable payment form.
   3. Accepting the Offer
      1. The Client accepts the Offer once he/she ticks the box “I agree with the Terms & Conditions”. Once the Client agrees with the T&Cs, the Client will be required to press the button “Submit”.

4. Distance contract
   1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 3.3.1.
   2. As the Client will accept the Offer electronically, the Company will immediately confirm receipt of acceptance of the offer electronically. Usually the Company will send individual meal plan based on sugar, fiber and glycemic load intake to the Client within 1 (one) hour. Such meal plan will be provided to the Client`s e-mail address provided on the website.
   3. As Agreement between the Company and the Client consists of Digital content the Client agrees to lose his/her right of withdrawal of the Agreement.
   4. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company`s Services, the Client acknowledges that the Company cannot guaranty that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
5. Payments
   1. During the period of validity indicated in the Offer, the price for the Services being offered will not increase, except for price changes in VAT-tariffs.
   2. The Client agrees to:
      1. purchase Services from the Website by using valid credit card or other allowed form of payment;
      2. provide The Company current and complete information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is inaccurate or incomplete, Company reserves the right to refuse to confirm Client`s payment at their sole discretion and Client forfeits any right to refund paid amount.
   3. After the Client is transferred to the third party payment services, the risk of loss or damages will pass on the Client and/or third party service.
   4. All prices and costs are in US Dollars unless otherwise indicated.
6. Intellectual Property Rights
   1. All intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other rights related to the Services are owned by the Company.
   2. The Client is forbidden to reproduce, publish Services including but not limited to Digital content supplied and/or provided by the Company in whole or in part without Company`s prior written consent.
   3. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Services.
7. Use of Digital content
   1. All intellectual property rights specified in Article 6.1 and relating to Digital content are owned by the Company. The Client will only be granted a non-exclusive, non-transferable and non-sublicensable licence to the Digital content provided.
   2. The term of this licence shall be granted for a term of 5 years from the date of receiving Digital content.
   3. Unless expressly otherwise provided, Digital content must only be intended for personal and non-commercial use.
   4. The Client is not authorised to edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided by the Company.
   5. The Company is authorised for the purpose of enforcing intellectual property rights, impose restrictions on the scope of the licence or the number of devices or types of devices on which Digital content can be used.
   6. If the Client acts in contravention of this article, the Company will be authorised to suspend access to the relevant Digital Content, notwithstanding Company`s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
8. Selling Digital content
   1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending copies online.
9. Privacy Policy
   1. The processing of Client’s personal data is governed by the Privacy Policy which can be found on the Website. It is recommended for the Client to print and keep a copy of the Privacy Policy together with these T&Cs.
10. Liability
    1. A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website if possible.
    2. The liability of the Company is limited to direct losses, unless otherwise provided under the applicable laws.
    3. Due to the nature of Services that the Company provides and as the Company cannot control whether the Client sticks to the provided meal plan based on sugar, fiber and glycemic load intake, the Company provides no warranty as to any results or outcomes coming from using Services.
    4. The Website may provide links to other websites that are not owned and/or controlled by the Company.  The Client acknowledges and agrees that the Company is not responsible for the availability of such websites. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials on such websites and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such websites.
11. Medical disclaimer
    1. Before trying meal plan based on sugar, fiber and glycemic load intake by the Company, the Client health should be evaluated by his/her healthcare service provider or he/she should consult with healthcare service provider.
    2. The Company clearly states that it is not a medical organisation and cannot give the Client any medical advice or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health. The Company encourages the Client to seek appropriate medical advice or assistance before using Company`s Services.
12. Eligibility
    1. The Services is available only to individuals that can form legally binding contracts under EU law therefore the Client confirms that he/she is at least 18 years old. If the Client is accessing Services on behalf of a person who is not 18 years old, the Client confirms that he/she is that person legal guardian and is responsible for that person`s compliance with these T&Cs and will indemnify Company for any losses or damages that Company will suffer as a consequence of failing to comply with these T&Cs.
13. Validity and Termination
    1. T&Cs come into effect after the Client accepts T&Cs, and electronically expresses its consent to comply with them, and it shall remain in effect for an indefinite period until termination thereof.
    2. The Company may terminate the relationship with the Client by serving a 5-day prior notice to the Client by e-mail in the following cases: (i) the Client does not agree with the T&Cs; (2) the Client commits any breach of the T&Cs; (3) the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
14. Changes to T&Cs
    1. These T&Cs, privacy policy and any additional terms and conditions that may apply are subject to change. Changes considered by us as substantial will be implemented with prior notice from the Company under the procedure set forth in this section.
    2. The Company shall give notice to the Client of any by sending an email to the primary email address provided by the Client. The changes will be also announced publicly on the Website.
    3. The User shall be notified about amendments to these T&Cs and any additional terms and conditions that may apply not later than 60 calendar days prior to the effective date of the amendments. The text of the amendments to the conditions shall be provided in English.
    4. If before the effective date of the amendments the Client does not notify the Company of its disagreement with the amendments to the T&Cs, it shall be deemed that the Client agrees with these amendments. If the Client disagrees with the amendments to the T&Cs, it shall be entitled to terminate T&Cs free of charge by serving a prior notification to the Company by e-mail before the day on which the amendments will take effect
15. Communication
    1. In general, the Company prefers communication by e-mail. By accepting these T&Cs, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information as stipulated in Article 3.1.1. The Client should check its e-mail messages regularly and frequently. E-mails may contain links to further information and documents on the Website.
    2. Where applicable laws require provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Website with download function to retain such information and documents permanently for future reference. The Client is requested to keep copies of all communications from the Company.
    3. The Client may request a copy of these T&Cs or any other contractual document by contacting [email protected]
    4. The communication with the Client will be made in English, unless the Company and the Client agree to communicate in another language.
    5. The Client may contact us at any time by sending a message to [email protected]
16. Complaints
    1. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting [email protected] By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. The Company will send to the Client a complaint acknowledgement to the e-mail address from the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.
    2. Client’s requests (complaints) shall be analysed by the Company free of charge.
    3. If Company’s response to the Client’s complaint does not satisfy the Client or no answer has been provided thereto, the Client has the right to file claim with the regulatory institutions or courts.
17. Miscellaneous
    1. No person other than the Client shall have any rights under these T&Cs.
    2. Client may not assign any rights under the T&Cs to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under these T&Cs in full or in part to any third party.
    3. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the courts of Lithuania, except where prohibited by the applicable laws.
    4. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.