Terms of Use

Effective Date: January 30, 2025

Welcome to Fica AI. These Terms of Use ("Terms") govern your access to and use of the Fica AI mobile application and related services (collectively, the "Services") provided by Peter Machowski ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Registration and Eligibility

To use certain features of our Services, you may need to create an account. You must be at least 18 years old to use our Services. By creating an account, you represent that:

  • You are at least 18 years of age
  • All information you provide is accurate and complete
  • You will maintain the accuracy of such information
  • Your use of the Services does not violate any applicable law or regulation

2. Important Disclaimers

Health Disclaimer: The Services are designed to provide general fitness and nutrition guidance. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any fitness or nutrition program.

Exercise Disclaimer: Physical exercise carries inherent risks. You should consult with a healthcare professional before beginning any exercise program, especially if you have any pre-existing health conditions, injuries, or concerns. You are solely responsible for ensuring that any exercises or activities you undertake are appropriate for your physical condition.

Nutrition Disclaimer: Nutritional information provided through our Services, including AI-powered food scanning, is for informational purposes only and may not be 100% accurate. You should verify nutritional information and consult with a healthcare professional or registered dietitian for personalized dietary advice.

AI Disclaimer: Our Services use artificial intelligence (powered by OpenAI) to provide food scanning and personalized plan recommendations. AI-generated content is provided for informational purposes only and should not be considered professional advice. Results may vary and are not guaranteed.

3. Your Use of Our Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable law or regulation
  • Attempt to gain unauthorized access to any portion of the Services
  • Use the Services to transmit any harmful, threatening, or objectionable content
  • Interfere with or disrupt the Services or servers connected to the Services
  • Reverse engineer, decompile, or disassemble any portion of the Services
  • Use automated means to access the Services without our permission

4. Subscriptions and Payments

Fica AI offers subscription-based access to premium features.

Subscription Plans: We offer monthly and yearly subscription plans. Details of pricing and features are available within the app.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the applicable subscription fee for each renewal period.

Payment: Payments are processed through Apple App Store or Google Play Store. All payments are subject to the terms and conditions of the respective app store.

Cancellation: You may cancel your subscription at any time through your app store account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial billing periods.

Price Changes: We reserve the right to change subscription prices. Any price changes will be communicated in advance and will apply to subsequent billing periods.

5. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to:

  • Modify or copy the Services or any content
  • Use the Services for any commercial purpose
  • Transfer or sublicense your rights under this license

6. Intellectual Property

The Services, including all content, features, and functionality, are owned by Peter Machowski and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any portion of the Services without our prior written consent.

7. User Content

You retain ownership of any content you submit through the Services (such as food photos). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze such content solely for the purpose of providing the Services to you.

8. Data Storage

Your personal data, including fitness and nutrition information, is stored locally on your device. We do not store your personal health data on our servers. Please refer to our Privacy Policy for more information about how we handle your data.

9. Indemnification

You agree to indemnify, defend, and hold harmless Peter Machowski from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PETER MACHOWSKI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

12. Third-Party Services

Our Services may integrate with or contain links to third-party services (such as OpenAI for AI features and app stores for payments). We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of such services is at your own risk.

13. Changes to the Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or by other means. Your continued use of the Services after such notification constitutes your acceptance of the updated Terms.

15. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. For users residing in the European Union, you may also be entitled to invoke the mandatory consumer protection laws of your country of residence.

17. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the competent courts in Poznan, Poland. EU consumers may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Peter Machowski regarding your use of the Services and supersede all prior agreements and understandings.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Email: ficaai@pm.me