Terms of Service - MintyFit

Last Updated: December 2024

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Smart Diet OÜ (registry code: 14295370, address: Heinamaa tee 19, Viimsi 74019, Estonia) (“MintyFit,” “we,” “our,” or “us”) regarding your use of the MintyFit digital nutrition service available at mintyfit.com and my.mintyfit.com (the “Platform” or “Service”).

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

2. About MintyFit

2.1 Service Description

MintyFit provides personalized nutrition recommendations and meal plans delivered through our website and mobile applications. Our Service is designed to help users achieve their nutrition and wellness goals through customized meal planning, recipes, and nutritional guidance.

2.2 Company Information

Service Provider: Smart Diet OÜ
Registry Code: 14295370
Address: Heinamaa tee 19, Viimsi 74019, Estonia
Email: info@mintyfit.com
Phone: +372 679 8600

2.3 Service Description Accuracy

We strive to ensure all information about our Service is accurate, up-to-date, and matches what we deliver. Our nutrition plans and recommendations will substantially match the descriptions provided on our Platform.

Your Rights: If you find that our Service does not match its description or the information we provided before purchase:

Contact us immediately at info@mintyfit.com
We will work to resolve the issue or bring the Service into conformity
If this is not possible, you are entitled to a refund in accordance with our refund policy and EU consumer rights (see Section 10)

3. Eligibility and Account Requirements

3.1 Age Requirement

You must be at least 18 years old to use our Service. By creating an account, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into binding contracts
You do not have any serious, temporary, or chronic health conditions that would make our Service unsuitable or unsafe for you

3.2 Health Status Confirmation

Our Service is designed for generally healthy individuals. By using MintyFit, you confirm that:

You do not have serious medical conditions requiring specialized medical nutrition therapy
You do not have eating disorders or conditions that require medical supervision for dietary changes
You are not currently under medical restrictions that prohibit dietary modifications

Important Medical Disclaimer: If you have any health concerns, chronic conditions, are pregnant, nursing, taking medications, or have been advised by a healthcare provider to follow a specific diet, we strongly recommend consulting with your doctor or qualified healthcare professional before using our Service or implementing any of our nutrition recommendations.

3.3 Account Creation

To use MintyFit, you must:

Create an account with accurate and complete information
Choose a secure password
Provide a valid email address
Purchase a subscription plan
Accept these Terms and our Privacy Policy

3.4 Account Responsibility

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Keeping your profile information accurate and up-to-date
Notifying us immediately of any unauthorized use of your account
Any use of the Service by anyone using your account credentials

4. Service and Subscriptions

4.1 Subscription Plans

MintyFit offers various subscription plans, including:

Individual plans
Family plans (allowing multiple users under one account)
Various duration options (monthly, quarterly, annual)

Current pricing and plan details are available on our website at mintyfit.com/pricing.

4.2 Payment Terms

All subscription fees must be paid in advance
Payments are processed securely through Stripe, our payment service provider
Subscription plans automatically renew unless cancelled before the renewal date
You authorize us to charge your payment method for recurring subscription fees
All prices are stated in Euros (EUR) unless otherwise specified

4.3 Automatic Renewal

AUTOMATIC RENEWAL NOTICE: Your subscription will automatically renew unless you cancel before the renewal date.

Unless you cancel your subscription before the renewal date:

Your subscription will automatically renew for the same duration
Your payment method will be charged the then-current subscription fee
You will receive an email confirmation of the renewal
Subscription fees may change, but we will notify you before charging new rates

EU Consumer Protection: We will send you a reminder email at least 7 days before charging your payment method for renewal. You can cancel at any time before renewal without penalty through:

Your account settings (Account > Subscription > Cancel)
Email: info@mintyfit.com (subject: “Cancel Subscription”)

Cancellation takes effect at the end of your current billing period. You will retain access to the Service until then.

4.4 Family Plans

If you subscribe to a family plan:

You can add multiple users to your account
Each family member gets their own personalized meal plan
You control data sharing permissions between family members
You are responsible for all charges and activities under the family account
Family members must also be at least 18 years old

4.5 Subscription Restrictions

Personal Use Only:

Subscriptions are for personal, non-commercial use only
You may not resell, transfer, or share your subscription with unauthorized persons
Family plans are limited to members of your household

Anti-Abuse Measures:

We reserve the right to limit the number of subscriptions per person or household
We may refuse or cancel orders that appear fraudulent or for commercial resale
Accounts found violating these restrictions may be terminated without refund

5. Money-Back Guarantee and Refunds

5.1 14-Day Money-Back Guarantee

We offer a full refund within 14 days of your payment—no questions asked.

How It Works:

The guarantee applies to your first purchase only
You can request a refund for any reason within 14 days
You do not need to provide an explanation
Simply email info@mintyfit.com with “Refund Request” in the subject line

What We Need:

Your registered email address
Order or invoice number (if available)
Payment method used

Refund Processing:

We will process your refund within 14 days of your request
Refunds are issued to the original payment method
If you paid with a gift card, the refund goes to the gift card purchaser

5.2 Cancellation After 14 Days

For subscriptions purchased after your first purchase:

You may cancel at any time to stop future charges
No refunds are provided for the current billing period after 14 days
You retain access to the Service until the end of your paid subscription period
To cancel, go to your account settings or email info@mintyfit.com

5.3 Refund Limitations

This money-back guarantee:

Only applies to purchases made directly through mintyfit.com
Does not apply to purchases through third-party platforms or resellers
Applies once per customer for their first purchase
Does not apply to gift card purchases (but gift card recipients can use the guarantee)

6. What We Provide (Scope of Service)

6.1 Personalized Nutrition Plans

We provide:

Customized meal plans based on your profile information
Recipe recommendations aligned with your preferences and goals
Nutritional guidance and educational content
Progress tracking tools
Access to our recipe database

6.2 Service Quality

Our nutrition recommendations are:

Based on the information you provide in your profile
Created using established nutritional science principles
Designed for generally healthy adults
Intended as general wellness guidance

6.3 Platform Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

7. Medical Disclaimer and Your Responsibilities

7.1 Not Medical Services

IMPORTANT: MintyFit does NOT provide:

Medical advice, diagnosis, or treatment
Medical nutrition therapy or healthcare services
Treatment for medical conditions or diseases
Advice for managing chronic illnesses

Our Service is not a substitute for consultation with qualified healthcare professionals. We are not your doctors, nutritionists, or healthcare providers, and our recommendations are not medical prescriptions.

7.2 Your Health Responsibilities

You acknowledge and agree that:

You are responsible for all decisions about your nutrition and diet
You will use your own judgment in implementing our recommendations
You will consult healthcare professionals when appropriate
Our recommendations are based solely on the information you provide
You understand the risks of changing your diet without medical supervision

7.3 When to Consult Your Doctor

You must consult with your doctor before starting if you:

Have any health conditions or chronic illnesses
Are pregnant or nursing
Take medications
Have been advised to follow a specific diet
Experience any adverse effects while using our Service

7.4 Accurate Information

You agree to:

Provide accurate, complete, and truthful information in your profile
Update your information when it changes
Understand that recommendations are only as accurate as the information you provide

7.5 Prohibited Uses

You agree NOT to:

Use the Service if you are under 18 years old
Use the Service for anyone other than yourself (except authorized family plan members)
Share your account credentials with unauthorized persons
Use the Service for medical treatment or diagnosis
Rely solely on the Service for managing health conditions
Reproduce, distribute, or sell any content from the Platform
Reverse engineer, modify, or create derivative works from the Service
Use automated systems (bots, scrapers) to access the Service
Violate any applicable laws or regulations
Infringe on intellectual property rights
Upload malicious code or attempt to compromise security

8. Intellectual Property Rights

9.1 Our Content

All content on MintyFit, including but not limited to:

Meal plans and recipes
Text, articles, and blog posts
Images, graphics, and photographs
Software, code, and algorithms
Trademarks, logos, and branding
Database structure and organization

is owned by Smart Diet OÜ and protected by Estonian and international copyright laws, trademark laws, and other intellectual property rights.

9.2 Usage Restrictions

You may NOT:

Copy, reproduce, or duplicate any content for commercial purposes
Publish, distribute, or share our recipes or meal plans publicly
Quote or excerpt substantial portions without written permission
Remove copyright notices or attribution
Create derivative works based on our content

EU Copyright Exceptions: This restriction does not limit your rights under EU copyright law for:

Private study and research
Quotation for purposes of criticism or review (with proper attribution)
Other uses permitted under applicable EU copyright exceptions and limitations

9.3 Personal Use Only

You may:

View and use content for your personal, non-commercial use
Print recipes for personal meal preparation
Save meal plans to your personal device
Share your own progress with others using provided sharing features

9.4 Permission Requests

For any commercial use, publication, or reproduction of our content, you must obtain written permission from Smart Diet OÜ by contacting info@mintyfit.com.

8.5 User-Generated Content

If you submit content to MintyFit (feedback, photos, testimonials):

You retain ownership of all content you submit
You grant us a worldwide, royalty-free license to use, display, and distribute your content for marketing and promotional purposes
This license is limited to:
- Testimonials and reviews you voluntarily submit
- Photos you share for display on our Platform
- Feedback and suggestions for Service improvement
You represent that you have the right to grant this license
You can withdraw this license at any time by requesting deletion of your content at info@mintyfit.com (we will remove your content within 30 days)
You waive any moral rights in the content to the extent permitted by law

9. Liability and Disclaimers

10.1 Service “As Is”

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability or fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of content
Warranties of uninterrupted or error-free service
Warranties regarding results or outcomes from using the Service

IMPORTANT FOR EU CONSUMERS: This disclaimer does not affect your statutory rights under EU consumer protection law. You retain all mandatory rights under the Consumer Rights Directive and applicable national consumer protection laws, including the right to services that are:

As described on our Platform
Fit for the purpose for which services of this type are normally used
Of satisfactory quality
Possessing the qualities and features we have communicated to you

10.2 Health Disclaimer

WE EXPRESSLY DISCLAIM ANY WARRANTY THAT:

Our recommendations are suitable for your specific health situation
Following our plans will achieve specific health outcomes
The Service is safe or appropriate for individuals with health conditions
Our content constitutes medical or professional advice

10.3 MANDATORY LIABILITY EXCEPTIONS

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR:

Death or personal injury caused by our negligence or that of our employees or agents
Fraud or fraudulent misrepresentation
Breach of your statutory rights under EU consumer protection law
Any other liability that cannot be excluded or limited under applicable Estonian or EU law

FOR EU CONSUMERS: You retain all statutory rights under EU consumer protection law. If our Service does not meet the standards required by law, you have the right to:

Require us to bring the Service into conformity
Receive a proportionate price reduction
Receive a full refund if conformity cannot be achieved

10.4 Limitation of Liability

TO THE EXTENT PERMITTED BY LAW (subject to the mandatory exceptions in Section 10.3 above):

Your Responsibility:

You acknowledge that you use the Service entirely at your own risk
You are solely responsible for all decisions regarding your nutrition and health
We are not responsible for any adverse health effects, injuries, or damages resulting from your use of the Service

Our Limited Liability:

Our total liability to you for any claims arising from these Terms or your use of the Service is limited to the amount you paid for the Service in the 12 months preceding the claim
We are not liable for any indirect, incidental, consequential, or punitive damages
We are not liable for loss of profits, data, opportunities, or goodwill

Examples of What We’re Not Liable For:

Allergic reactions to recommended foods
Nutritional deficiencies from following our plans
Weight gain or loss outcomes
Health complications from dietary changes
Interactions between our recommendations and your medications or conditions
Technical issues, service interruptions, or data loss
Actions of third-party service providers

10.5 Indemnification

You agree to indemnify, defend, and hold harmless Smart Diet OÜ, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your violation of these Terms
Your violation of any applicable laws or regulations
Your violation of any third-party rights
Any content you submit to the Service
Your use or misuse of the Service

10. EU Consumer Rights and Digital Content

10.1 Mandatory Consumer Rights (EU Consumers)

If you are a consumer in the European Union, nothing in these Terms affects your statutory rights under EU consumer protection law, including but not limited to:

Consumer Rights Directive (2011/83/EU):

Right to clear and comprehensive information before purchase
Right to withdraw from distance contracts within 14 days
Right to remedies if services are not as described
Protection against unfair commercial practices

Unfair Contract Terms Directive (93/13/EEC):

Protection against unfair contract terms
Right to have unfair terms deemed unenforceable
Right to plain and intelligible contract language

Digital Content Directive (2019/770):

Right to digital content that matches its description
Right to remedies for faulty digital content
Right to updates and maintenance of digital content
Right to proportionate remedies when content is defective

10.2 Service Quality Standards

We guarantee that our Service will:

Match the description provided on our Platform
Be fit for purpose: suitable for the purposes for which services of this type are normally used
Be of satisfactory quality: meet the standard that a reasonable person would consider satisfactory
Possess advertised qualities: have the qualities and features we have communicated to you

10.3 Your Rights if Service is Defective

If our Service does not meet the standards in Section 10.2, you have the right to:

Primary Right: Require us to bring the Service into conformity (fix the issue) at no additional cost

Secondary Rights (if conformity is impossible or not achieved):

Receive a proportionate price reduction based on the diminished value
Receive a full refund if the defect substantially deprives you of the Service’s value

Time Limits:

You have 2 years from when the Service was first provided to report defects
Defects appearing within 1 year are presumed to have existed at the time of delivery
After 1 year, you may need to prove the defect existed at delivery

10.4 Digital Content Rights

As we provide digital content (nutrition plans, recipes, educational materials), you have specific rights:

Content Conformity: Digital content must be:

As described in our marketing and Platform information
Suitable for the purposes we have specified
Of the quality and functionality we have described
Compatible with standard hardware and software

Updates and Maintenance:

We will provide updates necessary to keep content in conformity during your subscription
We will notify you of available updates
Failure to install updates may affect content conformity

Your Remedies for Faulty Content:

Right to have content brought into conformity (repaired or replaced)
Right to a proportionate price reduction
Right to termination and full refund if repair/replacement is impossible
Right to damages if we fail to provide content with reasonable care and skill

10.5 EU Right of Withdrawal (Cooling-Off Period)

For EU Consumers:

Under the EU Consumer Rights Directive, you have the right to withdraw from this contract within 14 days without giving any reason.

Withdrawal Period: The withdrawal period expires 14 days from the day of contract conclusion (when you subscribe).

How to Exercise Your Right: To exercise your right of withdrawal, you must inform us of your decision by:

Email: info@mintyfit.com (subject: “EU Withdrawal Right”)
Written notice: Smart Diet OÜ, Heinamaa tee 19, Viimsi 74019, Estonia

You may use this model withdrawal form, but it is not mandatory:

“I hereby give notice that I withdraw from my contract for the provision of the following service: [MintyFit nutrition service subscription], ordered on [date], my name [your name], my address [your address], my signature [if paper], date [date]”

Effects of Withdrawal: If you withdraw within the 14-day period:

We will reimburse all payments received from you within 14 days of receiving your withdrawal notice
We will use the same payment method you used unless you expressly agree otherwise
You will not incur any fees for the reimbursement

Exception – Service Started During Withdrawal Period: If you requested that the Service begin during the 14-day withdrawal period and you then exercise your withdrawal right, you must pay for the proportionate value of the Service provided up to the point you communicated your withdrawal. This amount is calculated based on the total subscription price and the duration of Service already provided.

10.6 Online Dispute Resolution (ODR)

The European Commission provides an Online Dispute Resolution (ODR) platform for EU consumers to resolve disputes with online traders:

ODR Platform: https://ec.europa.eu/consumers/odr

You can use this platform to resolve any dispute arising from your purchase or use of our Service. We are committed to participating in the ODR process and will respond to any disputes submitted through this platform.

Alternative Dispute Resolution: You may also contact:

Estonian Consumer Protection Board – www.ttja.ee
Consumer Disputes Committee – www.tarbijakaitseamet.ee
Your local consumer protection authority in your EU country

11. Service Availability and Modifications

11.1 Service Changes

We reserve the right to:

Modify, update, or discontinue any features of the Service
Change meal plans, recipes, or recommendations
Update our algorithms and personalization methods
Add or remove content from the Platform
Change pricing for new subscriptions (existing subscriptions maintain their price until renewal)

11.2 No Guarantee of Availability

We do not guarantee that:

The Service will be available at all times without interruption
The Service will be error-free or bug-free
Defects will be corrected promptly
The Service will meet your specific expectations

11.3 Maintenance and Downtime

We may:

Perform scheduled maintenance with or without notice
Experience unexpected technical issues or downtime
Suspend access temporarily for updates or repairs

We will make reasonable efforts to minimize disruption and provide notice of scheduled maintenance when possible.

11.4 Service Termination

We reserve the right to:

Terminate or suspend your account for violation of these Terms
Discontinue the Service entirely with 30 days’ notice
Refuse service to anyone for any lawful reason

In case of service termination, you will receive a pro-rated refund for any unused subscription period.

12. Complaints and Customer Support

12.1 Filing a Complaint

If you experience issues with our Service:

Contact Us: Email: info@mintyfit.com (subject: “Service Complaint”)

Include:

Your name and registered email address
Date and description of the issue
Your order or invoice number (if applicable)

Our Response:

Acknowledgment within 3 business days
Substantive response within 15 days

12.2 Customer Support

For general inquiries:

Email: info@mintyfit.com
Phone: +372 679 8600
Response time: 3-5 business days

12.3 Dispute Resolution

If you are not satisfied with our response:

Alternative Options:

Estonian Consumer Protection Board – www.ttja.ee
Consumer Disputes Committee – www.tarbijakaitseamet.ee
European Online Dispute Resolution Platform – ec.europa.eu/consumers/odr

All services are free for consumers.

12.4 Legal Action

If dispute resolution fails, legal disputes will be resolved according to Section 18 (Governing Law and Jurisdiction).

13. Changes to These Terms

13.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes may be necessary due to:

Changes in applicable laws or regulations
New features or services
Improvement of user protections
Business needs

13.2 Notice of Changes

When we make changes:

We will post the updated Terms on our website
We will update the “Last Updated” date at the top
We will send email notification to active users for material changes
We will post a notice on our Platform homepage for 30 days

13.3 Acceptance of Changes

By continuing to use the Service after changes are posted:

You agree to be bound by the modified Terms
The new Terms will govern your use of the Service going forward
If you do not agree to the changes, you must stop using the Service and may cancel your subscription for a pro-rated refund

13.4 Prior Orders

If you placed an order or purchased a subscription before we changed the Terms:

The Terms in effect at the time of your purchase apply to that specific order/subscription period
New Terms will apply upon your next renewal

14. Data Protection and Privacy

14.1 Privacy Policy and Cookie Policy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our separate policies:

Privacy Policy: Available at mintyfit.com/privacy-policy – covers how we collect, use, store, and protect your personal data
Cookie Policy: Available at mintyfit.com/cookie-policy – covers our use of cookies and tracking technologies

By creating an account and using MintyFit, you agree to the processing of your personal data as described in our Privacy Policy and the use of cookies as described in our Cookie Policy.

14.2 Your Data Rights

You have rights regarding your personal data under GDPR and Estonian law. For complete information about:

What data we collect
How we use your data
Your rights (access, correction, deletion, portability, etc.)
How to exercise your rights

Please refer to our Privacy Policy or contact info@mintyfit.com.

15. Gift Cards and Promotional Codes

15.1 Gift Cards

MintyFit may offer gift cards that can be purchased for others:

Gift cards are valid for the stated amount
Gift cards can be redeemed for MintyFit subscriptions
Gift cards expire according to the terms stated at purchase
Lost or stolen gift cards cannot be replaced
Gift card balances are non-refundable once purchased
Refunds for subscriptions purchased with gift cards go to the gift card purchaser

15.2 Promotional Codes

We may offer promotional discount codes:

Promotional codes have specific expiration dates and terms
Only one promotional code can be used per transaction
Promotional codes cannot be combined with other offers unless stated
Promotional codes cannot be exchanged for cash
We reserve the right to cancel orders using invalid, expired, or fraudulently obtained codes

15.3 Reseller Terms

MintyFit subscriptions purchased through authorized resellers or third-party platforms may be subject to additional terms imposed by those platforms. Refunds for such purchases may need to be processed through the platform where you made the purchase.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

That provision will be modified to the minimum extent necessary to make it valid and enforceable
If the provision cannot be modified, it will be severed from these Terms
The remaining provisions will remain in full force and effect
The invalid provision will not affect the validity of the remaining Terms

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smart Diet OÜ regarding your use of the Service and supersede all prior agreements, understandings, or communications regarding the subject matter.

No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or any other term.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms and your use of the Service are governed by the laws of the Republic of Estonia.

18.2 Jurisdiction

Any legal disputes arising from these Terms or your use of the Service will be resolved in the courts of Estonia, .

EU residents may also bring claims in their country of residence in accordance with EU consumer protection regulations.

18.3 Dispute Resolution

Before initiating legal proceedings, parties agree to attempt resolution through:

Good-faith negotiation
Alternative dispute resolution (mediation, Consumer Disputes Committee)

18.4 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under Estonian or EU law.

19. Force Majeure

We will not be liable for any failure to perform our obligations under these Terms if such failure is caused by circumstances beyond our reasonable control, including:

Natural disasters (floods, earthquakes, storms, fires)
War, terrorism, civil unrest, riots
Government actions, regulations, or restrictions
Internet or telecommunications failures not caused by us
Power outages or energy supply interruptions
Pandemics, epidemics, or public health emergencies (including but not limited to COVID-19 or similar events)
Strikes or labor disputes (excluding our own employees)
Failures of third-party service providers (payment processors, hosting services)

During force majeure events, our obligations will be suspended for the duration of the event. We will:

Make reasonable efforts to minimize the impact on users
Notify affected users as soon as reasonably practicable
Resume normal Service as soon as the force majeure event ends

If a force majeure event continues for more than 30 days, either party may terminate the affected subscription with a pro-rated refund.

20. Contact Information

For questions, concerns, or notices regarding these Terms:

Smart Diet OÜ
Registry Code: 14295370
Address: Heinamaa tee 19, Viimsi 74019, Estonia
Email: info@mintyfit.com
Phone: +372 679 8600

Specific Inquiries:

General questions: info@mintyfit.com
Refund requests: info@mintyfit.com (subject: “Refund Request”)
Complaints: info@mintyfit.com (subject: “Service Complaint”)
Legal notices: info@mintyfit.com (subject: “Legal Notice”)

Effective Date: These Terms of Service are effective as of December 2024.

Acknowledgment: By creating an account and using MintyFit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.