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Terms and Conditions - Clients

Last updated: January 1, 2025

The Client, before accessing and using the services made available in the web application, through the domain https://cibushealth.com and/or its subdomains, and/or in the Cibus mobile application, must carefully read these Terms and Conditions of Use (hereinafter, "Terms of Use"; "Terms"; "Conditions"; "Terms and Conditions"), which establish the terms under which the Cibus service is used, while also defining the rules of participation for Clients registered with this service.

Section 1: General Conditions

1.1. Who are we?

Cibus Health Solutions (hereinafter "Cibus") is dedicated to developing software and services for nutrition and its mission is to make the world healthier by improving, educating and influencing people's relationship with food.

Cibus is a tool that allows nutrition professionals to holistically manage their work, their Clients and their relationship with them, particularly through a mobile application.

1.2. Definition of Terms

"Software" means all web and mobile applications developed by Cibus, whose distribution and use are subject to these Terms of Use.

"Professional" means anyone who, by any means, has access to the restricted area for managing Clients and visits through the web version of the software or the corresponding mobile application.

"Client" means anyone who, by any means, has access to the mobile version of the software for nutritional monitoring or the corresponding web version.

"Intellectual Property Rights" means all rights relating to scientific works in all domains of human activity, scientific discoveries, designs, industrial models, industrial, commercial and service trademarks, and also protection against unfair competition, as well as all other rights inherent to intellectual activity in the industrial and scientific domain.

1.3. Acceptance Conditions

Registration with the Cibus mobile application and the provision of the service by Cibus depend on the full acceptance of these conditions, and any Client who does not accept or does not commit to behaving in accordance with these conditions will not be able to use the aforementioned service.

In this way, for every person who is effectively a Client of the Cibus service, it is assumed that, at the time of registration or subsequently, they have read and become fully familiar with the Terms and Conditions and the Privacy Policy that is inseparable from these terms, having expressly accepted both.

Cibus reserves the right to modify the Terms and Conditions partially or totally and at any time, giving prior notice to Clients, considering that each new version of the Terms and Conditions will enter into force after publication on the Cibus website.

1.4. Binding to These Provisions

These provisions contractually bind the Client to Cibus, corresponding to the stipulation of a distance contract for the provision of services. As such, from the moment of acceptance of these Terms, the Client is legally bound by the clauses contained herein and the clauses of the Privacy Policy.

The Client has the right of withdrawal and may unilaterally cancel these Terms, without incurring costs or the need to provide justifications, within 14 consecutive days from the date of acceptance of these Terms.

1.5. Legal Capacity for Software Registration

The Software services are intended exclusively for persons with the legal capacity to perform legal acts in civil life. Access by incapable persons is subject to sending a consent form, which includes the first and last name, tax code and date of birth of legal guardians.

Therefore, by accessing, using or creating an account on the Cibus Software, the Client guarantees to have the legal capacity to perform legal acts of civil life, being fully aware of the legal sanctions provided by the Civil Code.

1.6. Client's Responsibility

By accepting these Conditions, the Client undertakes to behave in accordance with current regulations, avoiding any action that may violate legally protected rights or interests.

Any recording of appointments, consultations or other communications with healthcare professionals without prior explicit, free and informed consent of all parties involved is strictly prohibited. Unauthorized recording of conversations or interactions may constitute a violation of the professional's personal rights.

1.7. Client Registration

There are data that are considered indispensable for the regular performance not only of the contractual relationship between the Client and Cibus, within the provision of this service, but also of the pre-contractual relationship between the Client and the Professional that is formed at the time of booking the visit.

Depending on the service, we may request the following registration data: first and last name, gender, country of residence, date of birth, email address and mobile number.

At the time of registration and during the use of the software and services, the Client must provide accurate, precise and truthful information. Clients guarantee and are responsible, in any case, for the truthfulness, accuracy and authenticity of their personal data entered, and Cibus is not responsible for the truthfulness or correctness of such data.

Section 2: Specific Terms of Use for Clients

2.1. Registration and Access

The Client, by registering with the Cibus mobile application, will have direct access to the meal plans introduced by their Professional and will also receive notifications, at the established time, relating to the list of foods recommended by the Professional.

In addition to this function, the mobile application allows recording data such as physical activity, weight, height, body mass index, daily food diary log of the Client and water intake, thus facilitating constant and real-time monitoring by the Professional.

2.2. Payment

Depending on the Country of residence, a payment service between the Professional and the Client may be provided. The Professional is solely and exclusively responsible for all transactions, including refunds, cancellations and related disputes.

Cibus is therefore not responsible for any losses or damages arising from erroneous or invalid transactions processed by the Professional.

2.3. Revocation

Cibus has no influence on the relationship between the Client and the Professional. The Client's access to the Cibus Software is subject to the approval of the respective Professional, who is also responsible for the continued use of the service.

Section 3: Final Provisions

3.1. Account Access Policy

Cibus reserves the right to prevent access and to proceed with the exclusion of the Client's accounts at any time and without written notice, in cases where the Client offends or violates any of these Terms or the conditions contained in the Privacy Policy.

The Client has the right to request the deletion of their account on Cibus through the contact details available in the Software itself.

3.2. Intellectual Property

The applications produced by Cibus are intellectual works protected by Intellectual Property Law and are protected by applicable legislation. Each of the parts that compose them are the exclusive property of Cibus.

The reproduction and/or representation, total or partial, use, adaptation or modification of applications or any element that composes them, on any medium or in any form, for any other purpose, including commercial, is expressly prohibited.

3.3. Exclusion of Warranties

The Client expressly accepts that the use of the software is at their own risk and peril and under their exclusive responsibility. Cibus provides the software "as is" and "as available", without warranties of any kind.

3.4. Limitation of Liability

Cibus will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from the use or inability to use the service.

3.5. Personal Data Protection

Cibus is committed to protecting the personal data of Clients in accordance with the General Data Protection Regulation (GDPR) and applicable local regulations. For more information, please consult our Privacy Policy.

3.6. Applicable Law and Jurisdiction

These Terms and Conditions are governed by Italian law. Any disputes arising from the application or interpretation of these Terms will be subject to the exclusive jurisdiction of the competent courts.

3.7. Contacts

For any questions or clarifications regarding these Terms and Conditions, the Client can contact Cibus through the support channels available on the platform or by email at: cibusappbusiness@gmail.com

Phone: +39 333 968 3077