These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Eter Space, s.r.o., with registered office at Korunní 2569/108, Vinohrady, 101 00 Praha 10, ID No.: 22387994, file No. C 414402, registered with the Municipal Court in Prague. ("iNaira" or "we").
You agree that by using and/or accessing the App you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE APP.
1.1. Your relationship with iNaira is governed by these Terms.
1.2. You have certain obligations when using the App, such as keeping your data up to date and not using the App for illegal purposes.
1.3. Additional policies apply to your use of the App, in particular the Privacy Policy.
1.4. iNaira disclaims all warranties in respect of the App. All food recipes, workout routines, and recommendations should be used with regard to your current medical condition and should be consulted with your medical practitioner. Recommendations are not suitable for people with specific medical conditions, children, or pregnant or nursing mothers.
1.5. Consumers using the App have additional options for dispute resolution.
1.6. The App and all of its content are the sole property of iNaira and you do not obtain any intellectual property rights relating to such content by using the App.
2.1. "Account" refers to the profile created by the Customer to access, manage, and use the App.
2.2. "App" refers to the mobile app or any other app provided by iNaira.
2.3. "Content" refers to any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology, or other types of content uploaded in the App.
2.4. "Consumer" refers to a Customer, who is a natural person, acting outside the scope of economic activity (trade, business, craft, liberal profession, etc).
2.5. "Copyright Act" means Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright, as amended.
2.6. "Customer" refers to users who use the App and its functionalities.
2.7. "GDPR" refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
2.8. "iNaira" refers to Eter Space, s.r.o., with registered office at Korunní 2569/108, Vinohrady, 101 00 Praha 10, ID No.: 22387994, file No. C 414402, registered with the Municipal Court in Prague.
2.9. "Subscription" refers to the paid subscription for using the App after you sign up.
2.10. "Terms" refers to these Terms and Conditions.
2.11. "Third-party stores" refers to third-party stores from which you received the App, e.g., the Apple App Store, and/or other app stores.
3.1. To use the App, it is necessary to create an Account. Registration is done by providing your (i) e-mail address, and (ii) information about yourself as requested in the registration form. An account confirmation request will be sent to the e-mail address you have provided.
3.2. The App is not intended for children. Only natural persons over the age of 18 are entitled to create an Account. Otherwise, you must have the consent of a parent or guardian.
3.3. You represent and warrant that
3.3.1. all information you provide during the registration process in the registration form is truthful, accurate, and complete;
3.3.2. you will maintain the accuracy of such provided information; and
3.3.3. your use of the App does not violate any applicable law or regulation or these Terms.
3.4. If you lose your password, you may request an automatic reset of your password in the App. A link to reset your password will be sent to the email address you have provided during your registration.
3.5. You are responsible for maintaining the confidentiality of your Account information and password and you agree to accept responsibility for all activities that occur under your Account.
3.6. iNaira reserves the right to suspend or terminate your Account, or your access to the App, with or without notice to you, in the event that you breach these Terms.
4.1. By registering in the App, you agree that you have read, understood, and will be bound by these Terms. You expressly represent, warrant, and agree that you will not:
4.1.1. do anything that could disable, overburden, or impair the proper functioning of the App;
4.1.2. use any automated means to access any part of the App;
4.1.3. except as expressly authorized by law reverse engineer, decompile, disassemble, translate, reconstruct, transform, or extract any part of the App;
4.1.4. change, modify, or otherwise alter the App except as expressly authorized by law;
4.1.5. upload any materials that, in the sole judgment of iNaira, are objectionable or which restrict or inhibit any other person from using or enjoying the App, or which may expose iNaira or other Customers to any harm or liability of any type;
4.1.6. use or attempt to use the App in a way that is unlawful, infringes copyright, is fraudulent, malicious, or could subject iNaira or Customers of the App to harm or liability.
4.2. You are solely responsible for maintaining the confidentiality of all access details to the Account, in particular the usernames and passwords. You as the Customer undertake:
4.2.1. not to allow any third party to use your account, usernames, or passwords, except as expressly permitted by these Terms; and
4.2.2. to promptly notify iNaira of any actual or reasonably suspected unauthorized use of your account, usernames, or passwords, or any other violation or suspected violation of these Terms of which you become aware, by sending an email to info@inaira.eu
4.3. The App is constantly evolving. You agree that iNaira may unilaterally remove or add new features to the App or the Services, all without refund or compensation to you.
5.1. THE INAIRA DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, OR ANY OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS, MENTAL HEALTH OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION.
5.2. THE APP IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH, FITNESS, AND WELLNESS GOALS BUT THE APP MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. YOU ACKNOWLEDGE THAT EVERY DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INCLUDE THE RISK OF PHYSICAL INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE APP AND SERVICES, YOU AGREE TO RELEASE THE COMPANY FROM LIABILITY FOR ANY AND ALL KNOWN AND UNKNOWN LAWSUITS THAT ARISE IN CONNECTION WITH YOUR USE OF THE SERVICE.
5.3. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE APP AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELLBEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
5.4. YOUR USE OF THE APP DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPISTPATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND INAIRA.
5.5. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE APP.
6.1. The App is a subscription-based application.
6.2. The Subscription is purchased directly from the Third-party stores by paying a subscription fee in advance on a recurring interval. You authorize us and the Third-party stores to charge the applicable fees to the payment card that you submit for registration.
6.3. Subscription term is one month. The Subscription, its term, or its price is subject to change.
6.4. Prices and offers may vary and may only be available for a limited time and iNaira reserves the right to change or cancel prices at any time at iNaira's discretion.
6.5. Subscriptions will automatically renew at the end of the subscription term unless you cancel your subscription. You authorize us and the Third-party stores to charge you for the renewal term.
7.1. You may cancel your Subscription at any time during the subscription period in the App. If you do not wish to renew your current subscription, you must cancel your Subscription no later than your renewal date. To cancel your subscription, visit the Third-party store or billing page in your Account in the App.
7.2. In case of cancellation of the Subscription, the Subscription will automatically end on the next renewal date.
7.3. Cancellation of your Subscription will not result in a refund of the amount already paid but will prevent your subscription from being automatically renewed. iNaira does not offer refunds.
7.4. If you have chosen to cancel your Subscription and wish to permanently delete your Account, you may do so by emailing us at info@inaira.eu from the email address registered to your Account. Please be aware that if you delete your Account, you will not be able to reactivate it or retrieve any Content or information that you have added to your profile. Additionally, your unique profile URL will become available for other users to claim.
8.1. For information regarding the support service relating to the App, please contact us at: info@inaira.eu
9. Termination
9.1. With the exceptions provided by law, iNaira reserves the right to terminate or suspend your access to the App or any of its parts at any time for any reason, including, but not limited to, violation of these Terms or any unlawful or abusive behaviour.
9.2. You may withdraw from these Terms at any time, in which case you may not continue accessing or using the App.
9.3. Sections 11 (Intellectual Property), 17 (Indemnification), and 23 (Governing Law and Disputes) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
10.1. With the exceptions provided by law, iNaira reserves the right to modify these Terms at any time without notice. You are responsible for staying informed of any changes to these Terms.
10.2. If the Terms are changed, we will post the revised Terms on this page and indicate the date of the revision. Your continued use of the App after the date of revision constitutes your acceptance of the revised Terms.
10.3. iNaira respects that you may not agree to the updated Terms. If that is the case, you can terminate these Terms at any time up to thirty (30) days after the effective date of the updated Terms.
11.1. Unless otherwise stated, the App, its individual parts, the user interface, the appearance of icons, graphics, photographs, videos, texts, and all trademarks, copyright, database rights, and other intellectual property rights of any nature in the App are the property of iNaira and are protected by copyright and other intellectual property laws.
11.2. Any data you enter into the App is part of the database collected by iNaira and becomes part of the iNaira database without you gaining any right to the App database. This database is not a collective work under the Copyright Act.
11.3. The App is provided as "software as a service" and iNaira does not grant the Customer any rights or license to the App and its Content.
12.1. You acknowledge and agree that the availability of the App is dependent on the Third-party stores from which you received the App.
12.2. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the Third-party stores. You acknowledge that the Third-party stores are a third-party beneficiary of these Terms and will have the right to enforce these Terms.
12.3. iNaira may make available on the App links to websites operated by third parties, including advertisers. If the App contains links to other sites and resources provided by third parties, these links are provided for your information only. iNaira has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
12.4. Products, services, and content offered through linked third-party websites are subject to the terms and conditions made available by those third parties, and the data collection practices of linked websites are governed by the applicable privacy policies of those third parties. Following links to any other websites or web services is at your own risk, and any claims you may have in connection with products, services, or content made available through linked websites are claims against third parties, not iNaira.
13.1. Reselling access to the App or providing access to the App for a fee or any other compensation that circumvents our business model is a material breach of these Terms and will result in the cancellation of your Subscription.
14.1. iNaira is responsible to the Customer for the fact that the App:
14.1.1. have the features described by iNaira in the App;
14.1.2. can be used for the purposes specified by iNaira; and
14.1.3. meet the requirements set out in the applicable laws.
14.2. iNaira does not guarantee that the use of the App will be uninterrupted or error-free, and iNaira will not be liable for any interruptions or errors.
14.3. iNaira makes no warranties or representations, express or implied, with respect to the App.
14.4. The App does not support background updates. iNaira does not guarantee that the use of the App will be uninterrupted or error-free unless the latest updates are installed. Maintaining an up-to-date version of the App on your own handheld mobile device is the sole responsibility of the Customer.
14.5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INAIRA DISCLAIMS ANY LIABILITY FOR THE USE OF THE APP, SERVICE, AND RELATED OUTPUTS, INCLUDING ALL OTHER PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, NON-INFRINGEMENT, SYSTEM INTEGRATION OR QUIET ENJOYMENT, AND THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”. ANY ACTIONS OR DECISIONS MADE BY CUSTOMER ARE DONE AT THEIR OWN RISK. INAIRA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES, LOSSES, OR OTHER CONSEQUENCES THAT MAY ARISE FROM THE IMPROPER OR UNAUTHORIZED USE OF THE APP AND SERVICE.
15.1. iNaira, its affiliates, licensors, suppliers, or advertisers shall in no event be liable for any costs, damages, or expenses (including, without limitation, compensatory, incidental, and consequential damages, lost profits, or damages resulting from loss of data, or interruption of work) arising out of
15.1.1. use of the App inability to use it;
15.1.2. unauthorized access to or alteration of your transmissions or data; and
15.1.3. any other liabilities concerning the App.
15.2. To the broadest extent possible under applicable laws, iNaira shall not be liable for any damages that the Customer may incur in connection with the use of the App or in connection with the non-functionality, unavailability, or error of the App. iNaira shall not be liable for any indirect, consequential, or incidental damage or any loss (including loss of opportunity, loss of profit, or loss of data), costs, expenses, or payments associated with the use or inability to use the App.
15.3. iNaira shall not be liable for any damage that the Customer may incur in connection with the misuse of the Account or unauthorized access to the Account.
16.1. In accordance with Article 14 of EU Regulation 524/2013 on online dispute resolution for consumer disputes, amending EC Regulation 2006/2004 and Directive 2009/22/EC, ss a consumer residing in the European Union, you can also initiate out-of-court dispute resolution online via the ODR consumer dispute resolution platform, available at ec.europa.eu/consumers/odr
16.2. In the event of a dispute with iNaira, you may use the possibility of out-of-court dispute resolution by contacting the out-of-court dispute resolution entity, which is the Czech Trade Inspection Authority (www.coi.cz) and proceeding in accordance with the rules set forth in the relevant legislation and in accordance with the information provided on the website of the Czech Trade Inspection Authority.
17.1. You agree to indemnify and hold iNaira harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by iNaira arising out of or related to:
17.1.1. your breach of any of these Terms (including any additional terms and conditions incorporated herein);
17.1.2. any Content you post, email, or otherwise contribute;
17.1.3. any activity in which you engage on or through the App; and
17.1.4. your violation of any law or the rights of a third party.
18.1. These Terms constitute the entire agreement between you and iNaira and supersede all prior agreements or understandings, whether oral or written.
19.1. The failure of iNaira to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20.1. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
21.1. iNaira values your privacy and is committed to protecting your personal information. Please refer to our privacy policy for more information on how we collect, use, and share your data.
22.1. iNaira may assign any or all of these Terms and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
23.1. These Terms shall be governed by the laws of the Czech Republic, in particular, Act No. 89/2012 Coll., The Czech Civil Code, as amended. The courts of the Czech Republic shall have exclusive jurisdiction over all disputes arising out of these Terms and the use of the App.
23.2. If these Terms are translated into one or more languages, in the event of a conflict between the versions, the English language version shall be used for the interpretation of the Agreement.
24.1. If you have any questions or concerns regarding these Terms, please contact iNaira at info@inaira.eu
These Terms are effective as of 1 February 2025.
