Updated at 10.01.2026
These Terms & Conditions ("Terms & Conditions") form a binding agreement between you and DietX ("We", "us", or "our") and govern your use of our website, mobile application, online portal, electronic forms, surveys, interactive features, and any related services or technologies we make available (together, the "Service").
By installing, ordering, accessing, or otherwise using the Service, you acknowledge that you have read and accepted these Terms & Conditions, including our Privacy Policy and any other referenced policies, and that you agree to comply with them. If you do not consent to these Terms & Conditions, you may not use the Service, and any ongoing use must stop immediately.
We may revise or update these Terms & Conditions from time to time. Any changes will be posted on this page with the date of the latest update clearly shown, and we may also provide notice through reasonable means such as email or in-Service notifications. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms & Conditions. You are responsible for reviewing this page periodically to stay informed. To access certain features of the Service, you may need to download specific content or software and/or agree to supplementary terms and conditions.
By using our Services, you represent that you are at least 18 years old and have the legal authority and capacity to enter into this agreement. Our Services are not intended for individuals under 18, and we implement technical measures to prevent minors from creating accounts or using the Services. If we become aware that someone under 18 has provided personal information, we will review the matter and, if necessary, delete the data and terminate the account.
You agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Service. If you refuse these Terms & Conditions, you are not permitted to install, order, access, or otherwise use Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
You agree not to, and you will not permit others to:
DietX is a digital health and wellness platform designed to help users track nutrition, exercise, and general lifestyle habits. The Service aims to promote awareness and healthy living by providing automated tools, insights, and general educational information to support balanced nutrition and sustainable habits. DietX is a support application intended to assist you in managing your health and weight goals, but it should not be relied upon as your sole source of guidance. You are responsible for maintaining a healthy diet, lifestyle, and habits in consultation with qualified professionals where appropriate. DietX does not provide professional medical, nutritional, or therapeutic advice.
DietX is not a medical organization and does not provide medical advice, diagnosis, or treatment. Any health, nutrition, or wellness information made available through the Service is intended solely to help users track their habits, understand general nutrition principles, and support a balanced lifestyle. You should always consult a qualified healthcare professional before making any medical or dietary decisions, starting a new exercise program, or if you experience any pain, discomfort, or other health concerns.
All calorie counts, nutritional data, and wellness insights offered through the Service are automated estimates and may be incomplete, inaccurate, or outdated. Results and accuracy may vary depending on the quality and completeness of the information you provide, as DietX processes user inputs through third-party AI APIs. DietX displays data and insights based on what these systems return and does not independently verify their accuracy or completeness. The information provided is not intended to replace professional medical guidance or to diagnose, treat, cure, or prevent any disease. If any information within the Service conflicts with medical advice from your physician, you should follow your physician's advice.
You are solely responsible for your own health, well-being, and for verifying the accuracy and suitability of any food, product, or activity referenced in the Service. DietX cannot guarantee specific health, weight, or fitness results, and assumes no liability for injuries, allergic reactions, or other damage resulting from the use or misuse of the Service. Results and progress may vary depending on personal factors beyond DietX's control, including genetics, medical history, and lifestyle choices.
Users with medical conditions, including but not limited to eating disorders, metabolic diseases, pregnancy, or chronic illnesses, should not rely on the Service without prior consultation with a licensed healthcare provider. The Service is intended only for healthy adults who are capable of safely engaging in diet and fitness activities.
DietX may provide nutrition or meal-related content, including food suggestions and recipes. While we strive to avoid listing ingredients that users have identified as allergens, we cannot guarantee that all product or ingredient information is complete, accurate, or up to date. You are solely responsible for understanding and managing your own allergies and intolerances and for verifying any food, ingredient, or product information before consuming or using it. DietX disclaims all liability for allergic reactions or other health issues resulting from reliance on the information provided.
DietX incorporates artificial intelligence (AI)–powered functionalities to provide image recognition, food logging, and personalized recommendations. These features rely on third-party AI providers and external APIs. You acknowledge and agree that the performance, accuracy, and availability of such features depend on the accessibility and response of those third-party systems, and DietX cannot guarantee uninterrupted or error-free operation. To maintain system stability and prevent misuse, DietX applies daily and monthly usage limits for AI-based requests. These limits may vary or be updated from time to time without prior notice. When your daily or monthly quota is reached, AI-related features (including image upload, food recognition, and recommendation tools) may temporarily become unavailable until the next usage cycle resets. If the AI provider experiences downtime, fails to respond, or delivers delayed or incomplete outputs, DietX's AI features, including but not limited to food logging, analysis, and recommendation systems, may be temporarily limited or unavailable. In such cases, DietX will not be responsible for any interruption, delay, or data loss resulting from these third-party dependencies. By using the Service, you agree not to intentionally overload, spam, or automate interactions with the AI features in a manner that disrupts normal system operation. DietX reserves the right to suspend or restrict access to AI tools for users who exceed fair usage thresholds or engage in abusive behavior.
Nutritional and product information within the Service may include data from users, third parties, or automated systems such as artificial intelligence or machine learning models. Users should not rely solely on AI-generated insights for medical or nutritional decisions. While we strive for accuracy, DietX makes no representations or warranties regarding the reliability or completeness of this information, and results or recommendations generated by automated systems may contain errors or bias.
All use of the Service is at your own risk. By using the Service, you acknowledge that DietX shall not be held responsible for any direct, indirect, incidental, or consequential damage resulting from your reliance on information or recommendations provided through the Service. By using the Service, you acknowledge and voluntarily assume all risks associated with diet, exercise, or wellness activities and agree that DietX is not liable for any injury or adverse effect resulting from such activities.
You are fully and solely responsible for how you use the Service. All risks connected with your use belong to you, and you remain accountable for the accuracy, legality, and appropriateness of your actions.
The following categories of conduct are strictly forbidden. By using the Service, you agree not to:
If your access to the Service is blocked, suspended, or otherwise restricted (including through IP blocking), you agree not to attempt to circumvent such restrictions by any technical or other means.
You acknowledge and agree that DietX may set general practices and limitations regarding the use of the Service, which may include limits on how long data or other content is stored, as well as the maximum storage capacity allocated on DietX's servers or those of its third-party providers on your behalf. You also acknowledge that DietX may, at its discretion, deactivate or terminate accounts that remain inactive for a prolonged period. DietX further reserves the right to modify such practices and limitations at any time, with or without prior notice, at its sole discretion.
You agree to maintain only one account for your personal use and not to share your login credentials or account access with anyone else. You are solely responsible for keeping your account password secure and confidential, and you accept full responsibility for any actions or activities that occur under your account. If you become aware of or suspect any loss, theft, or unauthorized access or use of your account or password, you must promptly notify us.
You are solely responsible for your interactions with other users and must exercise reasonable caution in all communications or meetings. DietX does not routinely screen users, verify their identities, or perform background checks, nor does it guarantee the accuracy of any user's statements or behavior. DietX disclaims all liability for any harm or disputes arising from user interactions but reserves the right to conduct screenings or checks at its discretion using publicly available information.
Thanks for shopping at DietX. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you're exploring, evaluating, and purchasing our products.
We offer several premium versions of our Services, such as premium subscriptions and other upgraded offerings made available from time to time ("Premium Services"), which are available for a fee. These Premium Services provide access to enhanced features, exclusive content, and advanced functionality designed to improve your overall experience.
DietX reserves the right to modify or update the Premium Services at any time, including changes to pricing, features, or available plans. Please note that while certain Premium Services may be advertised as ad-free, they may still include limited sponsored or commercial content, such as product recommendations.
By subscribing to DietX's Premium Services, you agree to pay all applicable fees using your chosen payment method, such as Google Store, App Store, RevenueCat account, or mobile service provider billing where available. Charges renew automatically at the start of each billing period unless you cancel before renewal. Cancellations must be made through your account settings or the platform where you subscribed, and deleting your account or uninstalling the app does not cancel your subscription.
DietX uses RevenueCat and other authorized third-party tools to process and synchronize subscription data. In some cases, including but not limited to mobile carrier billing or technical interruptions between App Store, Google Play, or RevenueCat systems, your subscription status or payment record may temporarily fail to display within the app. If you experience issues with billing confirmation, renewal visibility, or Premium access, you must contact us directly to resolve the issue. DietX shall not be held responsible for any interruption, delay, or access limitation resulting from such third-party platform or payment processing issues. We expect your cooperation in resolving these cases promptly to restore uninterrupted service.
All purchases are final and non-refundable, except as required by law or at DietX's sole discretion. In the event of temporary service interruption, technical failure, or circumstances beyond our reasonable control, including force majeure events such as natural disasters, power outages, internet disruptions, or platform-wide outages affecting App Store, Google Play, or RevenueCat, DietX shall not be obligated to provide refunds or compensation. However, DietX may, at its discretion, offer equivalent service extensions, app credits, or alternative remedies to ensure fair user experience. DietX may offer free trials or promotional discounts, which automatically convert to paid subscriptions unless canceled before the trial or promotional period expires. Each user may hold only one free trial per service.
In the event that DietX temporarily suspends, limits, or permanently discontinues the Services or any Premium feature, whether for technical, operational, business, or legal reasons, no refunds or partial reimbursements will be provided for any prepaid fees, subscription periods, or unused portions of the Service, except where required by applicable law. By purchasing a subscription, you acknowledge and agree that the availability and continuity of the Service may be affected by factors outside DietX's reasonable control, including but not limited to system maintenance, updates, regulatory actions, or discontinuation decisions. If DietX decides to permanently discontinue a Premium Service, it may, at its sole discretion, offer a proportionate credit, service replacement, or other reasonable remedy, but shall not be obliged to provide a monetary refund.
DietX reserves the right to modify, suspend, or discontinue Premium Services, adjust pricing or subscription models with prior notice, and correct any pricing or billing errors at its sole discretion. Failure to pay applicable fees may result in suspension or termination of your access to Premium Services. Continued use of the Service after a price change or plan modification constitutes your acceptance of the revised terms.
From time to time, DietX may offer temporary promotions, extended trial periods, discounted pricing, or alternative subscription structures for specific users, regions, or promotional campaigns. These offers are limited in scope and duration, and their availability does not entitle other users to the same pricing, extensions, or conditions. You acknowledge and agree that subscription prices, promotional terms, and billing strategies may vary among users or markets based on factors such as location, partnerships, or marketing initiatives. Such variations do not affect your existing subscription, and you will continue under the terms applicable at the time of your purchase unless you actively change or renew your plan. DietX retains the exclusive right and discretion to determine and modify pricing methods, billing structures, and promotional strategies at any time, provided such changes comply with applicable law.
As with any shopping experience, there are Terms & Conditions that apply to transactions at DietX. We'll be as brief as our attorneys will allow. The main thing to remember is that by placing an order, subscribing or making a purchase at DietX, you agree to the terms along with DietX's Privacy Policy.
Subscriptions, in-app purchase, refund policy, can be managed through your app provider's account settings, and any requests for refunds must be handled directly with your app provider. DietX does not process or decide on refunds. However, if, for any reason, you experience a technical issue or remain dissatisfied after your app provider's process, please don't hesitate to contact us. While we cannot override your app provider's refund decisions, we may, at our discretion and in good faith, offer app-based credits or other reasonable solutions to assist you.
Any feedback, comments, ideas, improvements, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies, promotions or suggestions (collectively, "Suggestions") provided by you to DietX with respect to the Service shall be deemed non-confidential and non-proprietary, and, to the maximum extent permitted by applicable law, shall automatically become the sole and exclusive property of DietX, without any obligation to provide you with credit, acknowledgment, or compensation.
DietX shall be free to use, reproduce, modify, publish, distribute or otherwise exploit any Suggestions for any purpose and in any medium, in perpetuity, including but not limited to the development, marketing, and improvement of products and services. You expressly waive any claim to rights, ownership, or compensation in connection with such Suggestions.
DietX and its affiliates shall bear no liability for any direct, indirect, incidental, special, or consequential damages (including loss of data or profit) arising out of your provision of Suggestions, or DietX's use, modification, publication, distribution, or exploitation of such Suggestions, even if advised of the possibility of such damages.
DietX further reserves the right to revise its policies, including usage terms and pricing, at any time without prior notice.
DietX reserves the right to modify, suspend, or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you, except as required by applicable law.
DietX may from time to time provide enhancements or improvements to the features/functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Service. You agree that DietX has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.
You further agree that all Updates will be (i) deemed an integral part of the app, and (ii) shall, to the fullest extent permitted by law, be governed by the same terms and conditions as this Terms & Conditions, unless expressly stated otherwise by DietX.
You acknowledge and agree that DietX may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at its sole discretion, with or without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which are contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below. By continuing to access or use the Service and app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using the Service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
These Terms & Conditions apply only to the Service. The Service may contain links to other websites not operated or controlled by DietX. We are not responsible for the content, accuracy, or opinions on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that are linked on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. Such collection is governed solely by those third parties' privacy policies, and DietX is not responsible for their practices.
We may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services ("Third-Party Services"). In certain cases, you might even be able to access DietX by authenticating through such external providers (for example, social networks or other online services). Using certain Third-Party Services may require you to create additional login credentials, agree to separate terms with those providers, or permit information you have shared with them to be shared with DietX. Any such information received by us will be processed in accordance with our Privacy Policy. However, DietX has no control over how such third parties process your information, and their practices are governed solely by their own policies.
DietX does not supervise or control these Third-Party Services and makes no promises about what they contain, how reliable they are, whether they remain available, or whether their practices comply with legal or ethical standards. If you choose to interact with them, you do so entirely at your own discretion and assume full responsibility for any outcomes, including costs or obligations that may arise.
Third-Party Services and any related links are provided solely for your convenience, and your decision to access or use them is entirely at your own discretion and risk. The inclusion of such services within DietX does not imply sponsorship, recommendation, or approval. DietX shall not be liable, directly or indirectly, for any damage, loss, or claims resulting from or alleged to result from your use of, reliance on, or dealings with any Third-Party Services. DietX disclaims all responsibility for any dealings you may have with third parties.
At DietX, we are committed to protecting the privacy of our users. For details on how we collect, use, and disclose personal data, please refer to our Privacy Policy, available at https://pacetech.co/dietx/privacy-policy (the "Privacy Policy"). By using the Service, you acknowledge and consent to the processing of your personal information and other data in accordance with the Privacy Policy. DietX may update its Privacy Policy from time to time, and continued use constitutes acceptance of such updates.
In addition, you expressly permit DietX and its authorized service providers to generate and analyze aggregated statistical information and usage metrics based on your interaction with the Service ("Usage Data"). Such Usage Data may be collected, processed, and applied for operational, analytical, or commercial purposes, provided that it is handled in compliance with applicable law and the Privacy Policy.
DietX uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but they are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We do not knowingly place personally identifiable information in Cookies.
All content, materials, and features made available through the Services, including but not limited to software, text, graphics, images, video, audio, data, and the overall design and structure, are the exclusive property of DietX and/or its licensors and are protected under international copyright, trademark, patent, and other intellectual property laws.
You may not copy, adapt, reproduce, distribute, license, display, or create derivative works from any part of the Services or the materials contained within them without DietX's prior written consent, except where explicitly allowed in these Terms & Conditions. Any unauthorized use or exploitation of DietX's intellectual property is strictly prohibited.
The name DietX and the associated logos are trademarks of DietX. Other names, logos, products, and services displayed or referenced within the Service shall not be construed as granting you, by implication, estoppel, or any other legal theory, any license, permission, or right to use the DietX Trademarks without DietX's prior written authorization in each instance. Any goodwill arising from your use of the DietX Trademarks shall vest exclusively in, and for the sole benefit of, DietX.
Provided that you comply with these Terms & Conditions, DietX grants you a limited, revocable, personal, non-exclusive, and non-transferable license to use the Service solely for your own personal, non-commercial purposes. You are not permitted to reverse engineer, modify, sell, sublicense, or otherwise exploit any portion of the Service or the underlying materials for commercial benefit.
You may be able to submit, upload, or otherwise provide content, data, or materials ("Input") through the Service. By doing so, you grant DietX a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, adapt, and use your Input solely for the purpose of operating, improving, and promoting the Service in accordance with these Terms & Conditions and our Privacy Policy. This license remains in effect until your Input is deleted from the Service.
You represent and warrant that any content you or your authorized users provide is lawful, accurate, and appropriate. Such content must not be created solely for advertising purposes, include spam or repetitive posts, promote illegal, harmful, or explicit material, impersonate others, or violate any intellectual property, privacy, or proprietary rights. You also agree not to upload or share material that is copyrighted, confidential, or protected by third-party rights unless you own or have permission to use it. You are solely responsible for your submissions and agree to defend, indemnify, and hold DietX harmless from any claims, damages, or liabilities arising from your breach of this section.
DietX is not responsible or liable for any Inputs that incorporate or relate to third-party materials, including where such use may infringe intellectual property or other rights, to the fullest extent permitted by law. Although the Service employs filters and safeguards designed to prevent unlawful or infringing content, DietX cannot assure that they will be free from such risks. DietX reserves the right, at its discretion, to block, remove, or otherwise restrict access to any Input that breaches these Terms & Conditions, contravenes applicable law, or is otherwise deemed inappropriate. In particular, if you are found to have engaged in repeated or recurring violations, DietX may, at its sole discretion, suspend, limit, or permanently terminate your access to the Service.
You remain solely responsible for assessing and accepting all risks tied to your Inputs, including any reliance on their legality, accuracy, or suitability. You also confirm and guarantee that all Inputs you provide are lawful, non-infringing, and that you have obtained all necessary rights or permissions to use them.
If you are a copyright owner or such owner's agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold DietX and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees and costs, due to or arising out of your: (a) use of the app; (b) use of the Service; (c) violation of this Terms & Conditions or any law or regulation; or (d) violation of any right of a third party. DietX retains the sole right to take over the defense and handling of any claim for which you are obligated to indemnify us, and you agree to fully cooperate with our reasonable efforts in such defense. You are not permitted to resolve, settle, or compromise any claim involving DietX without obtaining our prior written approval.
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, DietX, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, DietX provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither DietX nor any of DietX's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of DietX are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. Furthermore, DietX does not warrant or guarantee that the Service will be free from claims of infringement, misappropriation, or violation of third-party intellectual property or other rights, and you assume full responsibility for any use of the Service.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of DietX or any of its suppliers under any provision of this Terms & Conditions and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.
To the maximum extent permitted by applicable law, in no event shall DietX or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms & Conditions, for the cost of procuring substitute goods or services, for unauthorized access to or alteration of data or transmissions, for reliance on information obtained through the app, or for statements or conduct of third parties), even if DietX or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you find any aspect of the app or these Terms & Conditions unacceptable, your only recourse will be to cease all use of the Service.
If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
These Terms & Conditions, together with the Privacy Policy and any other legal notices published by DietX on the Services, shall constitute the entire agreement between you and DietX concerning the Services. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and DietX's failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. YOU AND DietX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure of either Party at any time to exercise any right or to require performance of any obligation under these Terms & Conditions shall not affect such Party's ability to exercise such right or to require such performance at any later time, nor shall any waiver of a breach be deemed a waiver of any subsequent or continuing breach.
No failure or delay by either party in exercising any right or power under these Terms & Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any further exercise of that or any other right. In the event of a conflict between these Terms & Conditions and any applicable purchase or other terms, the terms of these Terms & Conditions shall govern.
These Terms & Conditions constitute the entire agreement between you and DietX regarding your use of the app and supersede all prior or contemporaneous written or oral agreements between you and DietX relating to the same subject matter.
You may be subject to additional terms and conditions that apply when you use or purchase other DietX's services, which DietX will provide to you at the time of such use or purchase.
This section applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE ANY DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR DietX's INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and DietX concerning the Services, any Inputs, or these Terms & Conditions, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law. Notwithstanding the foregoing, if and to the extent permitted by applicable law, either party may pursue an individual claim in a small claims court of competent jurisdiction. Nothing in these Terms & Conditions to Arbitrate prevents either party from raising concerns with governmental or regulatory authorities, or from seeking relief that such authorities may lawfully provide.
In the event of a dispute, you or DietX must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to info@pacetech.co. DietX will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and DietX will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is received. After sixty (60) days, you or DietX may commence arbitration. Notices may also be sent to any updated contact information that DietX subsequently provides for dispute notices.
Any settlement offers exchanged during the negotiation period shall not be disclosed to the arbitrator until after a final award has been issued.
If you and DietX don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Claims must be brought on an individual basis only; the arbitrator shall have no authority to consolidate proceedings or to preside over any class, representative, or collective action. If this restriction is found unenforceable, the entire arbitration clause shall be deemed void, and the Dispute shall be subject to the exclusive jurisdiction of the competent courts of Istanbul, Türkiye, unless otherwise required by applicable law.
If a Dispute cannot be resolved through good faith informal negotiation within sixty (60) days of notice, it shall be resolved either by binding arbitration or through the competent courts of Istanbul, Türkiye, at the sole discretion of DietX. Unless DietX elects otherwise, any Dispute shall be finally settled by binding arbitration before the Istanbul Arbitration Centre (ISTAC) in accordance with its Arbitration Rules. These Terms & Conditions shall be governed by and construed in accordance with the laws of Türkiye. The arbitration shall be conducted by a single, neutral arbitrator, seated in Istanbul, and held in English, unless otherwise agreed. For claims not exceeding USD 10,000 (or the statutory small-claims threshold, if higher), the claimant may elect a documents-only procedure or a telephonic/remote hearing, where permitted by the applicable rules. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Each party shall bear its own costs and attorney fees, and arbitration filing and administrative fees shall be allocated in accordance with the ISTAC Rules. The parties agree that all arbitration proceedings, filings, evidence, and awards shall remain strictly confidential except as required by law or to enforce an arbitral award.
The parties shall keep confidential the existence of the arbitration, all materials submitted, and any orders, rulings, or awards, except to the extent disclosure is required by law or to enforce an award. Arbitration filing, administration, and arbitrator fees shall be allocated as provided by the applicable arbitration rules.
Nothing in this section prevents either party from seeking interim or injunctive relief from any competent court where necessary to protect its rights or property pending the completion of arbitration. To the extent required by applicable consumer protection or data protection laws, users residing in jurisdictions where mandatory arbitration is not enforceable retain the right to bring claims before their local courts.
DietX may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading read all Promotion rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
You acknowledge and consent that DietX may retain and, where necessary, disclose Inputs or other content if such action is (i) legally mandated, (ii) reasonably required to comply with regulatory or governmental requests, (iii) deemed necessary to enforce these Terms & Conditions, (iv) undertaken in response to allegations of infringement or violation of third-party rights, or (v) considered appropriate to safeguard the property, rights, or safety of DietX, its community of users, or the public at large. You further understand that the operation and delivery of the Service may necessarily involve (a) the transfer of data across multiple communication networks, and (b) modifications made in the course of technical processing so that transmissions are compatible with the standards, protocols, or devices through which the Service is accessed.
DietX will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. DietX operates and controls the Service from its offices in TR. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those people who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions cannot be changed or modified by you. The section headings used in these Terms & Conditions are for convenience only and will not be given any legal import.
DietX shall not be liable for any delay, interruption, or failure to perform any of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, riots, labor disputes, government actions, power outages, internet failures, or interruptions in third-party services or networks. In such circumstances, the affected obligations shall be suspended for the duration of the force majeure event, and DietX shall resume performance as soon as reasonably practicable.
These Terms do not override or limit any mandatory consumer rights granted to you under applicable app store policies, consumer protection regulations, or local laws. In case of conflict, such mandatory rights shall prevail.
These Terms & Conditions shall remain in effect until terminated by you or DietX.
DietX may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms & Conditions with or without prior notice.
These Terms & Conditions will terminate immediately, without prior notice from DietX, in the event that you fail to comply with any provision of these Terms & Conditions. You may also terminate these Terms & Conditions by deleting the app and all copies thereof from your computer.
Upon termination of these Terms & Conditions, you shall cease all use of the app and delete all copies of the app from your devices. Termination of these Terms & Conditions will not limit any of DietX's rights or remedies at law or in equity in case of breach by you (during the term of these Terms & Conditions) of any of your obligations under the present Terms & Conditions.
In no event shall DietX be liable for any special, direct, indirect, consequential, or incidental damages or any damage whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. DietX reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. DietX is a distributor and not a publisher of the content supplied by third parties; as such, DietX exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Service. Without limiting the foregoing, DietX specifically disclaims all warranties and representations in any content transmitted on or in connection with the Service or on sites that may appear as links on the Service, or in the products provided as a part of, or otherwise in connection with, the Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by DietX or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice.