We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://forkin.io/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Germany. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Services, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Poland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. EUTOPIX LABS PROSTA SPÓŁKA AKCYJNA and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Warsaw, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Poland, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Warsaw, Poland. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Poland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. INDEPENDENCE OF SCORING METHODOLOGY AND LIMITATION OF THIRD-PARTY CLAIMS
Forkin's nutritional score (the 'Forkin Score') is based on the publicly available Nutri-Score 2023 v2 algorithm, adjusted by our own methodology (NOVA processing level, IARC carcinogenicity classifications, and additive-risk penalties); environmental scores use the publicly available Agribalyse dataset. These scores are computed by us independently — Forkin is not affiliated with, endorsed by, or operated on behalf of any government or authority. Scores are not absolute health evaluations: a high score does not mean a product is unconditionally good, and a low score does not mean it must be avoided; they do not account for your overall diet, the quantity or frequency you consume a product, or your individual needs, allergies, or medical conditions.
Information provided through Forkin is for general informational and educational purposes. It is not a guarantee that any product is safe for you to consume, apply, or feed to a child or pet. To the maximum extent permitted by Polish and EU law, you use Forkin at your own risk. Nothing in this section excludes or limits liability for death or personal injury caused by our negligence, intentional misconduct, gross negligence, fraud or fraudulent misrepresentation, or any mandatory consumer rights or other liability that cannot lawfully be excluded or limited.
29. INFORMATIONAL PURPOSE AND NO MEDICAL ADVICE
Forkin is intended for general informational use by healthy adults (18+). It is not intended for children, for pregnant or breastfeeding users, for persons with a medical condition that requires a therapeutic or medically-supervised diet, or for anyone with a history of an eating disorder. If any of these apply to you, please consult a healthcare professional before relying on Forkin.
Forkin is an informational and general-wellbeing application that helps you understand the composition and nutritional profile of food products and supports general healthy-eating choices. Forkin is not a medical device and is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of any disease, condition, injury or disability. Its scores, dietary-compatibility indicators, coaching suggestions and meal plans are of an indicative and general nature, reflect Forkin's published methodology, and do not constitute medical advice or a medical recommendation. Always consult a doctor or registered dietitian before making decisions related to a medical condition, allergy, pregnancy, or any therapeutic diet. Do not use Forkin to manage a diagnosed medical condition.
Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot be excluded or limited under applicable mandatory law, including your statutory rights as a consumer under Directive (EU) 2019/770 on digital content and digital services and the laws of Poland.
Subject to the foregoing, and to the maximum extent permitted by applicable law, our total liability is limited to the foreseeable loss directly caused by our breach.
To the maximum extent permitted by Polish and EU law, Eutopix Labs P.S.A. provides Forkin 'as is' and makes no warranty that scores, suggestions, allergen warnings, recipe matches, environmental-impact estimates, or any other automated output are accurate, complete, current, fit for any particular purpose, or free from interruption. Nothing in these Terms limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; damage caused intentionally or by gross negligence (Art. 473 §2 of the Polish Civil Code — liability for damage caused intentionally cannot be excluded in advance); or any liability that cannot lawfully be limited under Polish or EU consumer-protection law (in particular Polish Civil Code Art. 471 et seq. and Directive 2011/83/EU as transposed into Polish law).
Governing language. These Terms, our Privacy Policy, and our other legal documents are drawn up in English, and the English version is the legally binding text. Translations of the app interface or of summaries of these documents into other languages are provided for convenience only; in case of any discrepancy between the English text and a translation, the English text prevails, except where mandatory consumer-protection law in your country of residence provides otherwise. In particular, for consumers resident in Quebec (Charter of the French language / Bill 96), the French version of these Terms and of any subscription or contractual document prevails: the French text was made available before any English version, and a Quebec consumer is bound by an English version only after the French version was provided and the consumer expressly chose English.
30. ALLERGEN WARNING LIMITATIONS
Allergen warnings and dietary compatibility checks displayed in Forkin are based on automated extraction from product label data and publicly available databases. They may be incomplete, out of date, or contain errors. Forkin does not guarantee that any product is free from a specific allergen. Users with severe allergies or anaphylactic risk must always read the physical product label before consumption and must not rely solely on Forkin's allergen data as a safety measure.
All decisions about what to eat, buy, or feed yourself, your family, or your pets are your own. Forkin provides informational checks and warnings, but you remain responsible for reading the product label and making the final decision. To the maximum extent permitted by Polish and EU law, Eutopix Labs P.S.A. and its affiliates are not liable for adverse reactions or other consequences arising from reliance on scores, suggestions, allergen warnings, dietary-compatibility checks, or other automated outputs. Nothing in this paragraph excludes or limits liability for death or personal injury caused by our negligence, intentional misconduct, gross negligence, fraud or fraudulent misrepresentation, or any mandatory consumer rights or other liability that cannot lawfully be excluded or limited.
This allergen information should not be relied on by people with severe allergies that could lead to serious medical complications. Always check the composition directly on the product packaging — it is your responsibility to confirm.
31. AI-GENERATED CONTENT
Certain features of Forkin, including meal photo analysis, recipe generation, and voice-based cooking assistance, are powered by artificial intelligence models. Results produced by these features are estimates and may contain errors. AI-generated outputs are not reviewed by human experts before being displayed. Users should exercise their own judgment when acting on AI-generated suggestions. In accordance with EU AI Act Article 50, Forkin discloses when content or analysis is AI-generated through in-app indicators.
32. RECALL ALERTS — BEST EFFORT
Product recall alerts provided by Forkin are sourced from official public databases including openFDA, CFIA, and RappelConso, and are checked daily on a best-effort basis. Forkin does not guarantee real-time coverage of all recalls in all markets. Users should always verify recall information directly with the issuing authority or the product manufacturer. Forkin's recall alerts do not constitute an official safety notification and should not be relied upon as the sole source of recall information.
33. NOTICE AND ACTION UNDER EU DIGITAL SERVICES ACT
As a small enterprise, Forkin is exempt under Article 19(1) of Regulation (EU) 2022/2065 (Digital Services Act) from the formal internal complaint-handling system (Art. 20) and out-of-court dispute settlement (Art. 21). We nonetheless provide a voluntary appeal: the Statement of Reasons you receive includes a link to appeal a moderation decision, which we review and which can restore your content. You may at any time lodge a complaint with the Polish Digital Services Coordinator, the Office of Electronic Communications (UKE, https://uke.gov.pl). Our Art. 11/12 single point of contact and Art. 16 notice-and-action mechanism are published at https://forkin.io/report-illegal-content (legal@forkin.io). Out-of-court dispute resolution (ADR). Consumers may use out-of-court alternative dispute resolution under Directive 2013/11/EU as transposed into national law. In Poland, the competent ADR routes include the Trade Inspection (Inspekcja Handlowa) — mediation and the permanent consumer arbitration courts operating at its voivodeship inspectorates (https://uokik.gov.pl lists the bodies) — and free assistance from your municipal or district consumer ombudsman (miejski/powiatowy rzecznik konsumentów). Consumers in other EU member states may use the ADR entity competent in their own country. Participation in ADR is voluntary for both parties; using or declining ADR does not affect your right to bring proceedings in court. (The former EU Online Dispute Resolution platform was discontinued in 2025 — Regulation (EU) 2024/3228.)
34. WEB SUBSCRIPTIONS — STRIPE AS MERCHANT OF RECORD
Web subscriptions — Stripe as Merchant of Record. Subscriptions purchased on forkin.io are processed through RevenueCat Billing, with Stripe acting as Merchant of Record (Stripe Payments Europe, Ltd., Ireland), not by Eutopix Labs P.S.A. directly. Stripe is the seller of record for tax purposes and collects and remits VAT/GST/sales tax; Stripe processes the payment and issues your receipt, and RevenueCat manages your subscription entitlement. Statutory consumer rights (including the EU 14-day right of withdrawal where it applies, refund and chargeback handling) may be exercised against Eutopix Labs P.S.A. and, for payment matters, against Stripe as Merchant of Record. Subscriptions purchased through the iOS App Store or Google Play are sold by Apple or Google respectively under their own terms. Eutopix Labs P.S.A. remains responsible for the service itself — uptime, content, support, and data protection. For data-protection rights, always contact privacy@forkin.io, not Stripe, Apple, or Google.
35. ACCEPTABLE USE
Forkin is provided for your personal, non-commercial use. When you use Forkin you agree not to: access the service, the API, or the underlying data by any automated means (scraping, crawling, bulk download, scripted requests), or attempt to bypass our rate limits, quotas, or tier restrictions; reverse-engineer, decompile, or disassemble the app or extract our scoring, enrichment, or model logic, except where this restriction is prohibited by applicable law; upload, submit, or store content you do not have the right to use, including photographs of other people without their consent, copyrighted material, or another party's confidential information; submit false, fraudulent, or manipulated information, including fake products, fabricated prices, sham reviews, or coordinated submissions intended to game the contributor-rewards programme; harass, threaten, defame, impersonate, or infringe the rights of others, or post illegal, hateful, or sexually exploitative content; upload malware, attempt to gain unauthorised access to any account or system, probe or test the vulnerability of our infrastructure, or interfere with the service's normal operation; or use Forkin to build or train a competing product, or to create a derivative database from the data we display. We may, where proportionate and in line with our content-moderation process and the Digital Services Act, remove content, restrict features, suspend, or terminate an account that breaches these Terms or applicable law — temporarily while we investigate, or permanently for serious or repeated breaches. Except where the law or an imminent risk of harm requires immediate action, we aim to give you notice and a statement of reasons, and you may appeal through the in-app complaint mechanism. Suspension or termination following your breach does not entitle you to a refund. Contributor rewards programme. When you submit a new product (barcode plus at least 3 photos) and the submission is approved, it counts toward free Pro access. What counts is the number of distinct approved new products (one count per unique barcode). Tiers: Contributor — 50 distinct approved new products within a rolling 90-day window → 30 days of Pro, automatically extended for as long as you stay at or above the threshold. Super Contributor — 100 distinct approved new products within a rolling 90-day window → ongoing Pro for as long as the threshold is sustained. Qualification is re-checked automatically (at least daily); if your rolling 90-day count falls below 100 but stays at 50 or more, you are moved to the Contributor tier; below 50, the benefit ends. Ambassador — 300+ lifetime distinct approved new products AND at least 5 distinct approved new products in each of the 6 most recent consecutive complete calendar months → ongoing Pro for as long as the monthly activity is sustained. Ambassador status is re-checked automatically; if the monthly activity lapses, you are moved to a lower tier you still qualify for, or the benefit ends. Only new products count (determined server-side; edits/photo updates to existing entries do not). Approval is at our discretion based on quality, anti-fraud, and duplicate checks. A paid subscription takes precedence: the role you pay for is what applies, except that if you are on the Essential plan an active contributor benefit upgrades you to Pro for its duration. If you are already on Pro (or a higher plan), the contributor benefit waits in reserve and activates if your paid subscription lapses (your earned tier remains recorded while it is valid). We may modify or end the programme on 30 days' notice; free Pro days already credited will not be revoked. Mass-submission, automated, or coordinated submission patterns are disqualified. The programme creates no employment, agency, or commercial relationship and offers no cash equivalent.
Fair use of AI and premium features. Forkin's AI-powered and premium features (including AI product scan, meal and menu scanning, receipt scanning, voice features, nutrition chat, and meal-plan generation) are provided subject to reasonable usage limits — applied per day or per time window — set at levels that comfortably accommodate ordinary personal use. These limits exist to keep the service fast and available for everyone and to prevent abuse and excessive automated or commercial use. We may set, adjust, or enforce such limits, and we may rate-limit, temporarily restrict, or suspend access where usage is automated, excessive, fraudulent, resold, or otherwise abusive. Where any feature is described as "unlimited", this refers to ordinary personal use and remains subject to this fair-use provision and to the prohibited-conduct rules below. Reaching a usage limit during normal use does not, by itself, entitle you to a refund, without prejudice to your mandatory statutory consumer rights.
36. YOUR CONTENT AND THE LICENCE YOU GRANT US
The Services allow users to submit, upload, or post certain content, including product submissions, product photos, price-tag or receipt photos, recipes, reviews, comments, cook logs, correction requests, and related materials ("User Content"). User Content is governed by this section, which prevails over any broader or inconsistent generated licence language in these Terms.
You keep ownership of the content you create or upload to Forkin ("User Content"). To operate the service, you grant Eutopix Labs P.S.A. a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for formatting and display), publish, and make your User Content available to other users through the Forkin service, for as long as you keep that content on the platform and for a short period afterwards in our backups. This licence exists only so we can run the features you use; it is not a transfer of ownership and does not allow us to sell your content or use it in external advertising without your separate consent. When you delete User Content or your account, the licence ends and we remove the content from the live service, subject to short backup-retention and any legal-retention obligations described in our Privacy Policy. We may use the food, product, meal, price-tag and receipt photos, recipe audio recordings, and other content you submit, and the embeddings we derive from them, to improve Forkin's own product- and food-recognition and matching models, on the basis of our legitimate interest, as described in our Privacy Policy; we use them to recognise products and food, not to identify the people who may appear in them, and you can object at any time in Settings → Privacy & Data → Help improve recognition. We do not use your body-progress photos or any special-category (Article 9) data to train any model, we do not sell your content, and we do not use it to train any third party's general-purpose AI model. You confirm that you own or have the necessary rights to the User Content you submit, that it does not infringe anyone's rights or any law, and that any people shown in your photos have consented. To the maximum extent permitted by applicable law, and without limiting your mandatory consumer rights, you agree to indemnify Eutopix Labs P.S.A. against third-party claims, losses, and reasonable costs arising from User Content you submitted in breach of these warranties. This clause prevails over any other provision of these Terms or the EULA that purports to grant a broader licence in your User Content or to waive your moral rights; we take no transfer of ownership and no waiver of moral rights is given, and any such purported waiver would in any event be void under Polish law (Copyright Act Art. 16).
Exception — catalogue contributions (product photos and reviews). Product photos you contribute to the shared product catalogue (for example through "Add a product") and the product reviews you post become part of a community resource that other users rely on. If you delete your account (or ask us to erase your data), we permanently anonymize these contributions instead of deleting them: every link between the contribution and you (your user ID, username, and any other identifier) is irreversibly removed, and the photo or review remains in the catalogue with no connection to you. The licence you granted above survives for these anonymized contributions only, in that anonymized form. Our basis for retaining them is Article 17(3) GDPR and our legitimate interest in the integrity and completeness of the shared product catalogue. The same applies to recipes you have published to the community: they remain available in the same permanently anonymized form (no longer attributed to you), so that other users' saved recipes and meal plans keep working. Everything else — your comments, likes, drafts, body-progress content, and all personal data — is removed on deletion as described above and in our Privacy Policy.
Forkin's core application data is hosted in the European Economic Area on the providers listed in our Privacy Policy and the canonical sub-processor table at
https://forkin.io/privacy/sub-processors. Some ancillary processors are US-linked where platform distribution, subscriptions, policy hosting, crash reporting, or push delivery require it; those transfers are disclosed with their applicable safeguards in that sub-processor table. If the provider list changes materially, we update the sub-processor table and provide notice where required by law.
37. SUBSCRIPTIONS, AUTO-RENEWAL, AND CANCELLATION
Forkin offers auto-renewing subscriptions. Before you subscribe, we show you the plan, the price, the billing cycle (for example monthly or annual), and the renewal terms. By subscribing you authorise the applicable seller to charge you the then-current price at the start of each billing period until you cancel. Your subscription renews automatically at the end of each billing period at the price disclosed at purchase, or at a changed price we notified you of in advance where the law allows, and continues until cancelled. You can cancel at any time, easily and without giving a reason: for web subscriptions, through your account billing settings (managed by Stripe as Merchant of Record via RevenueCat); for iOS, in your Apple App Store account settings; for Android, in your Google Play account settings. Cancellation stops the next renewal and does not retroactively refund the current period; you keep access to paid features until the end of the period you have already paid for, then revert to the free tier. Where the EU/EEA 14-day right of withdrawal applies, you may withdraw within 14 days of purchase as described at checkout; by starting to use a digital subscription immediately you may be asked to acknowledge that this can shorten or waive that right to the extent the law permits. We will give you advance notice of any price increase for a renewing subscription, and you can cancel before it takes effect. For purchases made through Apple or Google, those stores' billing, refund, and cancellation terms also apply.
38. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
EUTOPIX LABS PROSTA SPÓŁKA AKCYJNA
86 Hoża, 410
Warszawa, Województwo mazowieckie 00-682
Poland
12. SOCIAL MEDIA