Fitzenia Terms and Conditions

1. Acceptance of These Terms

These Terms and Conditions govern your access to and use of Fitzenia, including the mobile application, related websites, APIs, support channels, and connected features we make available from time to time.

By creating an account, accessing the service, or continuing to use Fitzenia, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the service.

2. Who We Are

Fitzenia is operated by Javier Mejia, sole proprietor (Einzelunternehmen) trading under the name "Zenthek", from Berlin, Germany. References to "Fitzenia," "we," "us," and "our" mean the operator of the service. Our postal address is Badstr. 35, 13357 Berlin, Germany. You can reach us at support@fitzenia.com.

3. Eligibility and Age Requirements

Fitzenia is intended for users who are at least 16 years old. You must not use the service if you are under 16 unless applicable law allows your use with legally sufficient parental or guardian authorization and you have obtained it.

The service is not directed to children under 13, and we do not intend to knowingly offer the service to children under 13.

4. Accounts and Sign-In Methods

You may be able to access Fitzenia using email and password credentials and, where available, third-party sign-in methods such as Google Sign-In and Sign in with Apple.

You are responsible for maintaining the confidentiality of your credentials, for activity that occurs under your account, and for providing accurate account and profile information.

You must promptly notify us if you believe your account has been accessed without authorization.

5. What the Service Does

Fitzenia is a health, nutrition, and fitness tracking service. Depending on the features enabled at a given time, the service may include food search, barcode scanning, nutrition logging, weight tracking, custom meals, health-platform sync, AI-assisted food-photo analysis, personalized hints, and adaptive coaching-related features.

Some features described in the app, documentation, or marketing may be released later, may be limited by country or platform, or may only be available after additional notice, consent, or subscription terms.

6. Health and Medical Disclaimer

Fitzenia is provided for general wellness, informational, and self-tracking purposes only. It is not a medical device and does not provide medical advice, diagnosis, treatment, or emergency services.

You should not rely on Fitzenia, including its calorie targets, body-fat estimates, nutrition suggestions, or AI outputs, as a substitute for professional medical judgment. Always seek the advice of a qualified healthcare professional for medical concerns.

7. AI Feature Disclaimer

Fitzenia may use automated systems and artificial intelligence features, including image analysis and personalized guidance. AI-generated outputs may be inaccurate, incomplete, delayed, biased, or inappropriate for your specific circumstances.

You are responsible for reviewing and validating AI-generated suggestions before acting on them. We do not guarantee that AI outputs are nutritionally accurate, medically suitable, or appropriate for any specific goal.

8. Third-Party Services and Food Databases

Fitzenia relies on third-party infrastructure, identity providers, analytics and diagnostic tools, health-platform integrations, AI services, and food databases. The current list of providers is set out in our Privacy Policy §13.

Currently active providers include Supabase (hosting, database, storage, realtime), Apple and Google (sign-in), Firebase Crashlytics (diagnostics), RevenueCat (subscription management), Apple App Store and Google Play (payment processing), OpenAI and Google Gemini (server-side AI image analysis), USDA FoodData Central, and Open Food Facts.

Planned providers, which will be activated only when the corresponding feature ships, include Firebase Analytics on Android and iOS, Google AdMob (advertising), and a Consent Management Platform vendor for advertising in the European Economic Area, the United Kingdom, and Switzerland.

Nutrition, ingredient, barcode, and product information may come from third-party sources and may be incomplete, outdated, or inaccurate. We do not guarantee the completeness or correctness of third-party food data.

We do not claim ownership of third-party database content. Open-data and commercial food sources may be subject to separate license, attribution, access, caching, and reuse restrictions. Commercial food providers, if used, may be accessed by API only, and any related caching may be limited to per-user functional caching rather than creation of a shared redistributable database.

9. User Content

You may submit or generate content through the service, including profile details, notes, meal logs, food photos, weight entries, and, if enabled later, progress photos and body composition simulation inputs or outputs.

You retain rights you hold in your content, but you grant us a limited, non-exclusive, worldwide license to host, process, store, transmit, display, and use that content as needed to operate, secure, maintain, improve, and provide the service to you, and to comply with law.

You represent that you have the necessary rights and permissions to upload or submit your content and that doing so does not violate law or the rights of others.

10. Acceptable Use and Prohibited Content

You agree not to:

• use the service for unlawful, deceptive, abusive, or fraudulent purposes;
• attempt to bypass security, rate limits, subscriptions, or feature restrictions;
• scrape, harvest, or mass-query the service or related APIs in a way that harms the service or third-party providers;
• upload malicious code, harmful material, or content that infringes third-party rights;
• reverse engineer the service except where applicable law expressly permits it;
• use the service in a way that could create risk to others, including reliance on inaccurate health, nutrition, or AI outputs without appropriate review;
• circumvent or attempt to circumvent any age gate, content moderation, or AI safety mechanism.

You also agree not to upload, capture, store, generate, transmit, or otherwise submit through the service any of the following content, whether real, simulated, or AI-generated:

• Sexually explicit content, pornography, or sexualized nudity. The progress-photo and body-composition features exist for personal fitness self-tracking. They are not a venue for pornographic, fetish, or sexually suggestive material. Casual, non-sexualized progress photos in athletic attire, swimwear, or undergarments for the purpose of tracking your own physique are permitted; sexually explicit imagery is not.
• Any content that sexualizes, exploits, endangers, or depicts minors. This includes child sexual abuse material (CSAM), grooming content, or any sexualized depiction of a person under 18, whether real or simulated. We have a zero-tolerance policy for this category. We may report such content to law enforcement and to organizations such as the U.S. National Center for Missing & Exploited Children (NCMEC) where required by law.
• Graphic violence, self-harm, suicide, or eating-disorder content. This includes content that promotes, glorifies, or instructs on dangerous extreme dieting, purging, or self-injury.
• Harassment, threats, hate speech, or discrimination. Including content that targets a person or group based on race, ethnicity, national origin, religion, disability, age, sex, gender identity, sexual orientation, or other protected characteristic.
• Content that infringes intellectual property, privacy, publicity, or other rights of third parties, including photos of other people uploaded without their permission.
• Content that violates the Apple App Store or Google Play developer or content policies applicable to the service, including Apple App Review Guidelines §1.1 (Objectionable Content) and the Google Play User Generated Content policy.

You are solely responsible for the content you upload. You represent that you have the necessary rights to submit it and that doing so does not violate law, third-party rights, or these Terms.

11. Ads, Premium Features, and Future Monetization

Fitzenia currently offers premium features through subscriptions sold via the Apple App Store and Google Play. Subscription pricing, renewal, and refund handling are governed by the applicable app-store terms.

Fitzenia does not display advertising at the time these Terms take effect. We are preparing to introduce Google AdMob with personalized advertising in a future release. When advertising goes live, the following will apply:

• users in the European Economic Area, the United Kingdom, and Switzerland will see a Consent Management Platform banner that complies with the IAB Transparency & Consent Framework v2.2 and Google's EU user consent policy before any personalized-advertising signals are collected;
• users on iOS will see Apple's App Tracking Transparency prompt and can decline cross-app tracking;
• users in U.S. states with comprehensive privacy laws may opt out of "sale" and "share" of advertising identifiers as described in the Privacy Policy;
• barcode scanning, food logging, and core tracking features will remain free of charge regardless of advertising state.

Sponsored content, affiliate placements, or additional paid features may be introduced separately and may be subject to additional pricing, billing, consent, opt-out, or provider-specific terms.

References to future advertising or premium functionality do not mean those features are active today.

12. Intellectual Property

Fitzenia, excluding third-party materials and your own content, is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the service for its intended purpose in accordance with these Terms.

You may not copy, distribute, modify, create derivative works from, publicly display, or exploit our service or branding except as allowed by law or with our prior written permission.

13. Availability, Changes, Suspension, and Termination

We may modify, suspend, restrict, or discontinue any part of the service at any time, including features, integrations, and supported platforms.

We may suspend or terminate your access to the service, delete your account, and remove your content if we reasonably believe you have violated these Terms, created security or legal risk, abused the service, or interfered with other users or providers. Where the violation is minor and remediable, we will normally give you notice and an opportunity to cure before terminating.

Immediate termination for severe violations. We may suspend or permanently terminate your account immediately, without prior notice, and delete your associated content where we determine, in our reasonable discretion, that you have:

• uploaded, generated, or transmitted any content prohibited by Section 10, including sexually explicit material, pornography, content that sexualizes or endangers minors, child sexual abuse material, graphic violence, hate speech, harassment, or threats;
• used the service to impersonate another person, distribute malware, or attempt to compromise our systems or other users' accounts;
• repeatedly violated Section 10 after a prior warning;
• used the service in a manner that exposes us, our users, or our providers to legal liability or to a serious risk of harm.

For violations involving child sexual abuse material or other illegal content, we may preserve and disclose relevant data to law enforcement and to designated reporting bodies (such as the U.S. National Center for Missing & Exploited Children) as required or permitted by law.

Effect of termination. Upon termination of your account, your right to use the service ends immediately, and we may delete or anonymize the content and data associated with your account, subject to retention obligations and to the deletion workflow described in our Privacy Policy. Termination for cause does not entitle you to a refund of any subscription fee already paid; refunds for app-store subscriptions are handled by Apple and Google under their respective policies and applicable consumer-protection law.

Your right to terminate. You may stop using the service and delete your account at any time via Settings → Delete Account in the app, or by contacting support@fitzenia.com. Deletion is performed immediately as described in the Privacy Policy.

14. Privacy and Data Handling

Your use of Fitzenia is also governed by our Privacy Policy, which explains how we collect, use, share, and protect personal data. Where a feature requires your permission, consent, or a separate platform authorization, you are responsible for reviewing those prompts before enabling the feature.

15. No Warranty

To the fullest extent permitted by law, Fitzenia is provided on an "as is" and "as available" basis. We do not warrant that the service will be uninterrupted, error-free, secure, accurate, complete, or fit for your particular purpose.

16. Limitation of Liability

To the fullest extent permitted by law, Zenthek will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, health outcomes, or business opportunities arising out of or related to your use of the service.

To the fullest extent permitted by law, our total liability for claims arising from the service will not exceed the amount you paid us, if any, for the relevant service in the 12 months preceding the claim, or EUR 50 if you have not paid us anything.

Nothing in these Terms excludes liability that cannot be excluded under applicable law, including mandatory consumer protections.

17. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Zenthek from claims, liabilities, damages, and expenses arising from your misuse of the service, your content, your violation of these Terms, or your violation of law or third-party rights.

18. Governing Law and Consumer Rights

These Terms are governed by the laws of Germany, excluding its conflict-of-law rules, unless mandatory law in your place of residence provides otherwise.

If you are a consumer, nothing in these Terms is intended to limit consumer rights that cannot legally be waived under the laws applicable to you.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we may revise the effective date and, where appropriate, seek renewed acceptance through the app or website. Your continued use of the service after an updated version takes effect means you accept the updated Terms, unless applicable law requires a different process.

20. Contact and Account Removal Requests

If you have questions about these Terms or want to request account removal, contact support@fitzenia.com.