Terms and Conditions

1.1. These terms and conditions (hereinafter the “T&C” or the “Terms and Conditions”) govern the legal relationship between the service provider una studio s.r.o., with its registered office at Doležalova 3424/15C, 821 04 Bratislava, Company ID (IČO) 57500614, Tax ID (DIČ) 2122783652, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 197193/B (hereinafter the “Provider”) and the customer, arising in connection with the supply of digital content in the form of the customer’s access to the Evenyn web application and related services operated by the Provider.

1.2. The Terms and Conditions form an integral part of the contract concluded between the Customer and the Provider pursuant to Section 852a et seq. of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), on the basis of which the Customer obtains, for consideration, access to digital content within the web application Evenyn – Evenyn operated by the Provider and available at: https://www.evenyn.com/ (hereinafter the “Evenyn application”). The Customer, who for the purposes of these T&C means a consumer (a natural person who, when concluding and performing the contract, does not act within the scope of their business activity, employment or profession), confirms that they have read these T&C before concluding the contract and expresses their agreement with them by submitting the order.

2.1. Access to the Evenyn application and use of the related services require an order, which the Customer places by means of the registration form for their account.

2.2. The Customer registers on the Provider’s website or in the Evenyn mobile application for iOS or Android. During registration, the Customer enters an e-mail address and a password, which the Customer subsequently uses to log in to the Evenyn application on all devices. After entering the basic login details, the Customer also selects one of the subscription plans offered by the Provider and enters payment details for the purpose of paying for the selected subscription plan, unless the subscription is paid via the App Store pursuant to point 4.6.

2.3. The Customer is obliged to provide all details correctly and truthfully during registration. The Customer bears the consequences of providing incorrect details in full, and the Provider accepts no liability for any loss of access or inability to access caused by details entered incorrectly by the Customer during registration.

2.4. The Provider accepts the Customer’s order by confirming their registration, whereby the contract between the Provider and the Customer is also concluded. The Provider sends the confirmation of registration to the Customer electronically to the e-mail address provided by the Customer. The Provider reserves the right to refuse the Customer’s registration.

2.5. Following successful registration, the Customer obtains free access to the Evenyn application pursuant to Article 3 of the T&C if this is the Customer’s first registration; otherwise, the Evenyn application is made available only after payment of the price for the selected subscription plan.

2.6. Customers with an active subscription to the Provider’s account on the Herohero platform – Evenyn, available at https://herohero.co/evenyn_sk, may make use of free access to the Evenyn application for the duration of their subscription on the Herohero platform. In order to use the free access, the Customer must register using the e-mail address used for the Herohero platform. Upon the end of the subscription to the Provider’s account on the Herohero platform, the Customer loses the option of free access to the Evenyn application.

3.1. Following their successful first registration, the Customer is granted free trial access to the Evenyn application for a period of 72 hours (hereinafter the “Trial”), which begins to run from the moment the Provider has confirmed the registration of the Customer’s account. Within this trial mode, the Customer is permitted full use of the Evenyn application.

3.2. Upon expiry of the period of free trial access to the Evenyn application, the selected subscription plan is activated, and at that moment the Provider becomes entitled to payment of the price for the selected plan. Until the price for the selected subscription has been paid in full, the Customer loses access to the Evenyn application.

3.3. The Customer is entitled to cancel the automatic activation of the selected subscription in their account settings in the Studio or, if the Trial was activated via the App Store, in the subscription settings of their Apple account, no later than before such automatic activation takes place.

4.1. In the registration form, the Customer selects their preferred subscription plan together with the price offered for that plan. Following successful registration, the Customer may change the selected type of subscription in their account settings, such change taking effect only as of the date on which the automatic renewal, as described below, would take place.

4.2. The price for the subscription plan selected by the Customer is determined at the amount applicable on the day on which the Customer selected that subscription plan. If the Provider decides to change the price for a given subscription plan, it shall notify the Customer of such change electronically by e-mail. The changed price takes effect for the Customer only from the next period of the selected subscription. In the notification e-mail, the Customer will be informed that, if they do not agree with the new price, they must cancel the automatic renewal of the subscription; if they fail to do so, they thereby express their consent to the price change.

4.3. The price for the selected subscription is payable on the day on which the period of the selected subscription begins to run. Payment may be made exclusively by the methods offered by the Provider, and tax documents are made available to the Customer via the selected payment gateway.

4.4. The subscription period selected by the Customer (month, year or another period offered by the Provider) is automatically renewed on the first day following the day on which the subscription would otherwise have ended, again for the period of the subscription plan selected by the Customer. The Customer is entitled to cancel the automatic renewal of the subscription within the Evenyn application via the Stripe payment gateway or, for a subscription under point 4.6, in the subscription settings of their Apple account.

4.5. Where a Customer fails to pay the price for the selected and activated subscription, the Provider is entitled to restrict or entirely prevent that Customer’s access to the Evenyn application for the duration of their delay in paying the price for the selected subscription. Since access has been restricted due to a breach of obligation on the part of the Customer, the Customer is not entitled to an extension of the selected subscription period or to a refund of a proportionate part of the price for the selected subscription. The restriction of access to the Evenyn application does not affect the supply of content within the meaning of Section 613 of the Civil Code in conjunction with Section 852g et seq. of the Civil Code, since the Provider has supplied the digital content to the Customer but was subsequently compelled to make it unavailable to the Customer due to non-payment of the price.

4.6. A Customer who orders a subscription in the Evenyn mobile application for iOS pays for it via Apple’s App Store service. In such a case, payment, automatic renewal, cancellation of the subscription and refund requests are also governed by Apple’s terms, and the Customer carries out these actions in the settings of their Apple account. The price of the subscription in the App Store may differ from the price on the Provider’s website. A subscription paid via the App Store also gives access to the Evenyn application on the Provider’s website.

5.1. The Customer is permitted to use the Evenyn application only within the free Trial access, within the free access for Herohero subscribers, or within an active subscription.

5.2. Within the Evenyn application, services are provided to the Customer in accordance with the current offer available on the Provider’s website. The basic function of the Evenyn application is, in particular, access to a database of recipes.

5.3. The Customer’s account is intended exclusively for the needs of the Customer or, where applicable, for the needs of persons sharing a household with the Customer. For the purposes of persons sharing a household with the Customer, the Customer is permitted to create sub-accounts within which it will be possible to create and save different meal plans. Sharing the account with persons other than those with whom the Customer shares a common household is expressly prohibited.

5.4. The database makes it possible to create meal plans from recipes. When using the Evenyn application, the Customer selects their preferred meal plans themselves with the help of the filters offered, by choosing between automatically prepared meal plans or by compiling their own meal plans from the recipes offered.

5.5. The Evenyn application is available as a web version and as a mobile application for devices running iOS and Android, available on the App Store and Google Play. The web version is optimised for current versions of the following web browsers: Google Chrome, Safari, Microsoft Edge, Mozilla Firefox and Opera; the mobile application is optimised for current versions of the iOS and Android operating systems. When accessing the application via other browsers, devices or older versions of operating systems, the Customer may experience compatibility issues, and in such cases the Provider is not responsible for the full functionality of the Evenyn application. The Customer acknowledges that, for the proper functioning and use of the digital performance (interoperability), it is necessary for the Customer to have a stable internet connection and an end device with the software specified in this point.

5.6. The Provider may continuously change, modify and improve the features of the Evenyn application, provided always that the price and the scope of the services offered to individual Customers upon activation of the relevant subscription plan are maintained.

6.1. All content within the Evenyn application (in particular recipes and photographs of dishes) is the property of the Provider. The Customer is entitled to use such content exclusively for their own non-commercial needs, and in the event of any other use of the content made available, the Customer shall be liable for any damage thereby caused to the Provider.

6.2. The Customer is not entitled to use any automated systems, software, robots or other manual or automated processes to search, monitor, copy or extract any content, data or information from the Evenyn application. A Customer who breaches this prohibition shall be liable to the Provider for any damage thereby caused.

6.3. The Customer is not entitled to carry out any form of reverse engineering (direct or indirect), in particular by means of decompilation, disassembly or other methods of ascertaining the source code, algorithms, database schemas, communication protocols or internal structures of the Evenyn application or any part thereof. The use of the Evenyn application for the purpose of collecting data or other content in order to create competing services is also prohibited. A Customer who breaches this prohibition shall be liable to the Provider for any damage thereby caused.

6.4. Where the Customer uploads their own recipe, photograph or other content to the Evenyn application, the Customer thereby simultaneously grants the Provider a free-of-charge, non-exclusive licence, unlimited in time and territory, to use it to an unlimited extent, and agrees to the further publication of such content by the Provider without the need to identify the Customer as the author of such content, which, conversely, the Customer expressly does not wish. The Customer agrees that the content will be published without their name being stated.

7.1. In view of the fact that, when registering their account for access to the Evenyn application, the Customer agreed that access would be provided to them before the expiry of the fourteen-day period for withdrawal from the contract, the Customer is no longer entitled to withdraw from the contract once access to the Evenyn application has been granted, in accordance with Section 19(1)(m) of Act No. 108/2024 Coll. on Consumer Protection.

7.2. The Provider is entitled to terminate the contract without a notice period in the event of a breach of contractual obligation on the part of the Customer, in particular in the event of delay in payment of the subscription or use of the Evenyn application in breach of these Terms and Conditions, i.e. making the Customer’s account available to multiple persons, distributing content, as well as other breaches on the part of the Customer.

7.3. The Customer is entitled to terminate the contract without giving any reason, in which case the contract will end on the day on which the selected subscription is due to expire. Termination thus cancels the automatic renewal of the subscription.

8.1. All information provided to Customers within the Evenyn application is of an informative or auxiliary nature only.

8.2. Within the Evenyn application, the Provider does not provide Customers with nutritional or health advice; the services provided are not services provided by healthcare professionals or professionals in the field of nutritional therapy. The Customer is responsible for the choice of meals from the recipes offered and from the automatically compiled meal plans, in particular having regard to the manner in which the meal plans are compiled, whereby the Customer is essentially provided with a database of meals and recipes from which meal plans are subsequently created according to the calorie group selected by the Customer; when compiling meal plans, it is not possible to respond to the individual needs of Customers or their health restrictions.

8.3. The Provider is not liable to Customers for any harm incurred by them in connection with the meal plan provided, in particular in situations where the meal plan selected by the Customer includes a meal containing allergens or other ingredients that are dangerous to the Customer, or where the meal plan selected by the Customer is otherwise unsuitable for the Customer with regard to the calorific value of the meals. The Customer uses the Evenyn application at their own risk and responsibility; before starting a diet according to the selected meal plan, consultation with a doctor or other specialist in the relevant field is recommended.

8.4. The Provider is responsible for ensuring that the services provided to the Customer under these Terms and Conditions will, throughout the entire duration of the subscription, meet the general and agreed requirements, as follows from Section 852d of the Civil Code. The Provider is liable to Customers only for defects that occur during the term of their subscription. The Provider is not liable for defects caused by the Customer’s unsuitable digital environment, for defects caused by force majeure, or for a defect in the form of temporary short-term service outages for reasons beyond the Provider’s control.

8.5. The Customer may notify the Provider of a defect in the performance provided either in writing by letter sent to the address of the Provider’s registered office, or at the e-mail address: support@evenyn.com, stating a description of the defect and information as to which right arising from liability for defects they are exercising. If the Customer does not state in this notification which right arising from liability for defects they are exercising against the Provider, it shall be deemed that they are requesting only the removal of the defect without undue delay.

8.6. The Provider shall confirm to the Customer in writing the receipt of the notification within 30 days of the date of its notification by the Customer (or within a period extended for objective reasons beyond the trader’s control). In this confirmation, the Provider shall also state a period, reasonable with regard to the nature of the notified defect, within which it will remove the notified defect, or shall inform the Customer of the reasons for which it rejects liability for the defects.

8.7. The Customer’s rights arising from liability for defects in respect of a defect that persisted during the existence of the subscription become time-barred within a period of two years from the moment the relevant defect occurred.

9.1. The Provider, as the controller, processes the necessary data about the Customer. The Provider’s privacy policy will be available at https://www.evenyn.com/privacy

10.1. The Provider is entitled to make changes to these Terms and Conditions, which will be notified to Customers by e-mail or via the Evenyn application. If, within 30 days of the moment the change was notified to them, the Customer gives notice that they do not agree with the change to the Terms and Conditions, the Terms and Conditions in force on the first day of the period of the current subscription shall apply to the relationship between the Customer and the Provider. Otherwise, the Customer shall be deemed to accept the change to the Terms and Conditions. The new Terms and Conditions shall also apply to the legal relationship with Customers who did not agree with the change to the Terms and Conditions, but only from the next period of the selected subscription.

11.1. The contractual relationship between the Provider and the Customer and the rights related thereto are governed by the law of the Slovak Republic.

12.1. The Customer has the right to contact the Provider with a request for redress by e-mail at support@evenyn.com if they are not satisfied with the manner in which the Provider has handled their complaint or if they believe that the seller has violated their rights. If the Provider responds to this request in the negative or fails to respond to it within 30 days of its dispatch, the Customer – Consumer has the right to submit a petition to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter the “ADR entity”) pursuant to Act No. 391/2015 Coll. ADR entities are the authorities and authorised legal persons pursuant to Section 3 of Act No. 391/2015 Coll. The Consumer may submit the petition in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll.

12.2. The Customer may also lodge a complaint via the online dispute resolution (ODR) platform, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.

12.3. Alternative dispute resolution may only be used by a Customer who is a natural person who, when concluding and performing a consumer contract, does not act within the scope of their business activity, employment or profession. Alternative dispute resolution applies only to a dispute with a consumer arising from or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for initiating alternative dispute resolution of up to a maximum of EUR 5 including VAT.

13.1. The invalidity or ineffectiveness of any provision shall not affect the validity of the other provisions of these T&C.

14.1. The Provider may be contacted electronically at the e-mail address: support@evenyn.com and in writing at the address of its registered office.