Terms of Service for Electronic Services

These Terms of Service define the rules, scope, and detailed technical conditions for the provision of electronic services, as well as the rules for using the "Dr Kiwi" mobile application and the "Keep It Healthy" website (hereinafter collectively referred to as: the "Platform"). Use of the Platform, including initiating the registration process or downloading the application, is only possible after careful review of these Terms and their full, unconditional acceptance.

The Service Provider and sole administrator of rights and obligations related to the Platform is Keep It Healthy Sp. z o.o. with its registered office at ul. Władysława Korotyńskiego 28, 02-123 Warsaw, entered into the National Court Register (KRS) under number 0001057283, NIP: 7011164571, REGON: 526390927 (hereinafter: the "Service Provider"). Contact with the Service Provider, including official correspondence and inquiries, is possible via dedicated email at: kontakt@keepithealthy.pl or by mail to the company's registered address indicated in the relevant business register.

User – any natural person with full legal capacity, using the Platform's functionalities for strictly private (consumer) purposes, in no way directly related to their business, professional, or medical/dietary practice. Professionals may not use the Platform to serve their own patients or clients.

Account – an individualized User profile protected by a personal password, two-factor authentication (2FA), or biometric authentication (e.g., FaceID/TouchID). It constitutes a dedicated, secure collection of resources and IT data within the Platform's cloud architecture, where anonymized data entered by the User, their defined health goals, and the complete history of their activity and generated reports are stored.

Services – digital services provided electronically (remotely) by the Service Provider, consisting in particular of providing analytical tools, report generators, informational and educational modules in the broadly understood area of lifestyle (wellness/lifestyle), building lasting nutritional habits, maintaining physical fitness, and monitoring historical correlations between provided parameters.

Input Data – all information, including precise anthropometric parameters (e.g., exact age, weight, height, biological sex, level of physical activity), digitized photos or scans of blood, urine, or other body fluid test results, as well as detailed information about diet, habits, and lifestyle, which are voluntarily, independently, and consciously entered into the Platform by the User for the purpose of automated algorithmic analysis.

Materials – all digital content made available on the Platform or through it, including in particular text articles, summaries and analysis reports, informational graphics, logos, source codes, trade names, audiovisual materials (films, animations), and the unique user interface layout (UI/UX).

For proper, uninterrupted use of the Services offered by the Service Provider, the following minimum technical requirements of the User's IT environment must be met:

• possession of a mobile device (smartphone/tablet) or computer with active, broadband, and stable Internet access,
• for the web service: use of the latest, official, and manufacturer-supported versions of web browsers (e.g., Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge) with JavaScript support enabled, cookie support, and TLS/SSL encryption protocols,
• for the mobile application: possession of a current, supported version of the iOS operating system (version 16 or newer) or Android (version 11 or newer, API level 30+) with necessary permissions enabled (e.g., camera access for document scanning),
• possession of an active and properly configured email account, used for authorization and communication.

To use the automatic test result analysis function, the User is required to upload files in a strictly defined format and of high quality. The Platform supports only native files in the following formats: PDF, JPG, PNG, and TIF. The maximum size of a single file must not exceed 20 MB. Documents should originate from certified medical laboratories and should not be older than 3 months to retain any analytical and educational value. In the case of scans or photos, the User must ensure ideal lighting, high text sharpness (no blurring), appropriate contrast, and complete absence of physical document creases that could prevent correct character reading by the OCR (Optical Character Recognition) module.

The Service Provider ensures continuous operation of an IT system secured against unauthorized access through, among other things, rigorous data transmission encoding using SSL encryption protocol, implementation of secure database architectures in reputable cloud services, and regular security audits. Nevertheless, the User is obliged to actively ensure the security of their own end devices, use up-to-date antivirus software, screen lock with password, and categorically not share login data and passwords with any third parties.

Users are strictly prohibited, under penalty of immediate Account blocking, from sending, entering, and distributing via the Platform or its contact forms any content of an unlawful, offensive, discriminatory nature, violating personal rights or copyrights of third parties. It is categorically prohibited to introduce malicious software (e.g., viruses, trojans, ransomware, tracking scripts), as well as attempting to inject malicious code (SQL Injection, XSS) or DDoS attacks on the Platform's infrastructure.

No medical device status: The Platform, including its entire IT architecture, embedded algorithms, automated reasoning paths, and all analytical functionalities, is not a medical device within the meaning of EU regulations – in particular Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (MDR) – nor of the Polish Act of 7 April 2022 on medical devices. Furthermore, the Service Provider is solely a technology software provider and does not conduct any form of medical activity within the meaning of the Act on Medical Activity.

Services provided through the Platform are exclusively informational-educational and lifestyle in nature. Although the Platform may present theoretical content based on widely recognized concepts of Evidence-Based Medicine, the Platform's algorithms analyze only general statistical correlations and population data, not the individual clinical condition of a patient. Generated content may in no case, even implicitly, replace individualized, professional, and comprehensive clinical assessment (medical interview and physical examination) performed by a qualified physician. These Services serve exclusively to support a healthy lifestyle (wellness), build healthy habits, and increase the User's general health self-awareness.

The Platform is not intended for diagnostic purposes, monitoring physiological processes in a strictly clinical context, predicting the course of chronic and acute diseases, or treating or alleviating their course and symptoms. If the Input Data entered by the User contains extremely atypical laboratory values indicating acute conditions, critical errors in the results document itself, or drastic deviations from population reference norms, the Platform may cease providing the Service, refuse to conduct further analysis, and generate an alert indicating the need for urgent and direct contact with an appropriate healthcare unit (e.g., Emergency Department) or the attending physician.

No medical advice: No information, advanced analyses, generated numerical reports, suggested daily nutrition plans, or guidelines and recommendations regarding potential supplementation available on the Platform constitute, in the eyes of the law, medical advice, medical diagnosis, healthcare service, teleconsultation, or prescription of medications or medical devices. The information provided should never be interpreted as any, even indirect, suggestion that the User may discontinue their existing professional medical care, or that starting or stopping a specific supplement or nutrient will solve their actual health problems or cure an existing disease.

Consultation requirement: The User fully voluntarily acknowledges and unconditionally accepts that all decisions regarding their own health, physiology, sudden diet changes, training intensity modifications, or starting a new supplementation path are made at their sole, conscious, and personal risk and responsibility. The Service Provider in every case unconditionally recommends and requires prior, thorough consultation with a primary care specialist, certified clinical dietitian, or qualified pharmacist. This requirement is particularly critical, paramount, and non-negotiable in the case of:

• chronically ill persons (e.g., diabetes, hypertension, thyroid diseases) or those taking any medications on a regular basis,
• pregnant women, persons planning pregnancy, and breastfeeding women,
• persons undergoing advanced post-operative recovery or active oncological treatment,
• elderly persons and minors,
• persons experiencing sudden, acute pain, shortness of breath, fainting, or other highly alarming somatic symptoms.

The Service Provider, to the fullest extent permitted by applicable law, completely and unconditionally excludes its liability for damages (both contractual and tortious) for any direct, indirect, incidental, or consequential personal injury. This applies in particular, but not exclusively, to sudden deterioration of health, serious bodily harm, occurrence of adverse systemic complications, or necessity of hospitalization, resulting directly or indirectly from the User's failure to comply with the rigorous requirement of prior medical consultation and independently, uncritically basing their actions on the educational-informational content generated by the application.

Technology-based operation: The most critical, advanced functions of the Platform (including the OCR optical character recognition module on digitized test result images, interactive inference modules, including algorithms supporting identification of potential nutritional deficiencies based on publicly available data) are based on continuously developing, self-learning algorithms and language models. Although the Service Provider exercises the highest professional diligence and regularly tests systems to ensure they function properly, it in no way guarantees their absolute, one-hundred-percent error-free performance or deterministic precision. The User understandingly accepts the fact that artificial intelligence is not a medical entity, operates based on probabilistic models (probability of data sequence occurrence), does not possess logical cognitive ability or the ability to analyze the full clinical context of a patient.

"Garbage In, Garbage Out" (GIGO) principle: The effectiveness, reliability, and usefulness of any analysis always depends directly on the correctness, completeness, and precision of the Input Data provided by the User. The Service Provider disclaims all liability for generating erroneous, misleading, or potentially harmful reports in the case of the User providing incomplete, extremely illegible (e.g., heavily blurred, underexposed, overexposed by camera flash, or physically cropped JPG/PDF files), outdated, or deliberately entered false anthropometric information. A classic error for which the Service Provider is not responsible is, for example, the machine's erroneous interpretation of measurement units (e.g., confusing mg/dL with mmol/L) due to unclear, faded print on the original document. The absolute obligation for detailed visual verification of the correctness of data read from the file (in particular digits, decimal points, and reference units) on the preview screen, before final generation of the target report, rests in every case solely with the User.

"AS-IS" basis, data loss, and force majeure incidents: The entire architecture and interface of the Platform is provided exclusively on an "as-is" and "as-available" basis. The Service Provider expressly and definitively excludes any legal and compensatory liability for: (a) sudden or irreversible loss of data entered into the Platform (including complete loss of progress history resulting from the User's lack of their own backup), (b) loss of anticipated revenues, financial benefits, or business opportunities by the User, resulting indirectly from basing their actions on the Platform, (c) technical failures, system crashes, and file corruption caused by unforeseeable force majeure (e.g., floods, data center fires), organized large-scale cyber attacks, power outages, as well as direct or malicious interference by unauthorized third parties.

Based on purely mathematical and algorithmic analysis of Input Data, the Platform may optionally generate educational material recommending supplementing the diet with specific categories of dietary supplements or specific, exemplary preparations. These recommendations are based solely on cross-matching parameters with publicly available external compilations and registers, including in particular the open Register of products subject to notification of first placing on the market, administered by the Chief Sanitary Inspector (GIS). The algorithm considers only the manufacturer's declared theoretical composition and commonly described potential bioavailability. In the case of rare deficiencies or lack of registration of an appropriate supplement with the required concentration in the database (complete lack of supply on the Polish market), the Platform will inform the User of this objective fact without suggesting independent search for alternatives from unknown sources.

The Service Provider firmly and categorically emphasizes that under commercial law it is not a direct manufacturer, producer, target importer, authorized or exclusive distributor of dietary supplements recommended on the Platform. Most importantly, the Platform does not have (and for security reasons cannot have) access to the User's complete electronic medical records (e.g., the Patient Internet Account - IKP). For this reason, the Service Provider under no circumstances and under no pretense verifies, examines, or has the technical ability to predict toxic and dangerous interactions between indicated supplements and strong prescription drugs that the User may be taking at the same time (e.g., anticoagulants, psychotropic, cardiac medications). The User understands the legal and medical distinction that a dietary supplement under Polish law is merely a "food product" whose sole purpose is to supplement a normal diet, and it can absolutely never replace a full-value, varied diet or drug therapy.

Taking into account all the above limitations, the Service Provider completely, fully, and to the fullest extent permitted by law excludes its liability for any possible acute side effects, adverse and dangerous pharmacological interactions, physical product contamination at the factory, hidden manufacturing defects, or gross discrepancy between the actual content and concentration of the active substance in the supplement package and the optimistic description declared on the label by its manufacturer. The final and binding decision to purchase, dose, and regularly take any product recommended in the report rests solely with the User. This action should be absolutely preceded by thorough, careful reading of the leaflet and packaging attached to the preparation by the manufacturer and, as a necessary requirement, a confirming and independent consultation with a specialist in medicine or pharmacy.

Using the most technologically advanced, personalized Platform Services (such as blood test result analytics) inherently requires a one-time upload by the User of Input Data, which from a legal standpoint may constitute and most often constitutes so-called special categories of personal data (directly data concerning physical health status) within the strict meaning of the rigorous Article 9 of the General Data Protection Regulation (GDPR).

The fundamental and inalienable technical condition for admitting files to the analysis process by OCR and AI engines is the prior, completely voluntary, fully conscious, and explicit granting by the User (through active and unsolicited default checking of the appropriate checkbox, so-called opt-in) of separate consent for the processing of their sensitive health data. The User, in accordance with European regulations, has an inalienable right to easily and quickly withdraw this consent at any time of their choosing. However, the User must understandingly accept that such technical withdrawal of consent to process the analytical foundation of the Platform is absolutely equivalent to the impossibility of further technical provision of personalized Services and automatically leads to permanent deletion of the Account along with the accumulated historical profile.

With great care to ensure the maximum level of privacy protection and to minimize risks arising from potential data leaks from the cloud architecture, digitized images of original test results (original PDF/JPG files) are categorically not permanently and continuously stored or archived on hard drives of servers belonging to the Service Provider. They are subjected to an extremely restrictive processing procedure. Ephemeral processing in this context means that the graphic file or text document is loaded only into the random-access memory (RAM) of an isolated server environment for a very short time – only the time necessary to perform OCR analysis by the target artificial intelligence algorithm. Then, immediately after reading the text and generating the final, encrypted end report, the original file is irreversibly, automatically, and permanently deleted from all buffers and cache of the machine (so-called "stateless processing"). Completed, anonymized analytical reports are subject to deletion immediately after being downloaded by the User or upon permanent deletion of the Account in the application. Detailed cryptographic mechanisms and the rules and procedures for logging processing cycles of this data are precisely defined in a separate Privacy Policy accessible from the interface.

Server logs: Regardless of the processing of data consciously entered by the User, information about certain technical behaviors of Users is subject to automatic logging at the server layer. This data is used solely for the purpose of administering the service, diagnosing errors, and ensuring the most efficient and secure handling of the services provided. Resources that the User browses are identified by URLs. In addition, the system may automatically record, among other things: the time of query arrival, the time of server response, information about errors that occurred during HTTP transactions, and information about the device's IP address. This data is generally not associated with specific individuals browsing the pages and serves solely to secure and optimize the Service Provider's network infrastructure.

All digital Materials available, visible, and hidden on the Platform (including its visual layer, color palette constituting a coherent image, unique UI/UX layout, specialized verification algorithms, front-end and back-end source codes, article content, and names and domains) constitute the undisputed, exclusive, and indivisible intellectual property of the Service Provider or external entities closely cooperating with it (e.g., license providers for specific icons). They are subject to rigorous legal protection under the Act of February 4, 1994 on Copyright and Related Rights, the provisions of Industrial Property Law, and international conventions protecting databases.

License: From the moment the User downloads the Application and accepts the Terms, the Service Provider grants them a non-exclusive, revocable, non-transferable, and strictly personal license to use the Application exclusively in accordance with its personal, lifestyle purpose. This license includes the right to reproduce the software only to the narrow extent that such reproduction is technically necessary to launch, operate, and store the Application in the memory of the Device from which the User uses it in an authorized manner. The above license categorically does not authorize the User to grant further sublicenses to third parties in any form.

Scope of license prohibitions: The User does not have the right – in whole or in any part – to reproduce (except for the technical case described in paragraph 2), distribute, resell, rent, or otherwise introduce into digital trade or disseminate the Application and its generated analytical reports. This applies in particular to the prohibition of sending, hosting, or sharing files or source code of the Application on the Internet, on external servers, in public computer networks, unauthorized mobile application distribution systems, and in any other IT systems. Furthermore, the User may not in any way interfere with the Application's programming code (including decompilation) or with data packets sent and received by it.

Expiration: The license to use the Application expires automatically and immediately from the moment the User uninstalls the Application from their device, permanently deletes the Account, or upon blocking access to the Account by the Service Provider due to violation of the provisions of these Terms.

The User always retains the inviolable right to officially submit a complaint regarding exclusively the defective functioning of the technical and IT layer of the Platform (e.g., inability to log in despite a correct password, permanent error in the file upload process, failure to generate a paid report due to infrastructure fault). A properly and thoroughly prepared complaint guaranteeing prompt consideration must be submitted in writing in electronic form. To facilitate and significantly accelerate the complex error diagnostics process on the IT team's side, the submission should obligatorily and precisely contain: an email address precisely identifying the User, the exact version of the operating system on which the error occurred (including the build number, if possible), a detailed, multi-faceted description of the technical problem that occurred, including a precise description of the steps taken to reproduce it (step-by-step reproduction), screenshots showing the error, and a very precise date and time of its occurrence accurate to the minute. It should be officially directed to the email address: kontakt@keepithealthy.pl. Complaints, after proper substantive identification, are reliably considered, and decisions are communicated to the User within a binding period of 14 business days from the date of properly delivered submission.

The Service Provider, caring for business continuity and the unpredictability of market conditions in the technology industry, reserves and retains for itself the full, unrestricted, and absolute right to unilaterally modify the current scope and scale of Platform functionalities, permanently restrict its availability in specific regions, and ultimately, for important reasons of organizational, legal-fiscal nature, regulatory failures, or unforeseen technical obstacles – to completely and definitively cease providing the Services offered therein and indefinitely shut down and close the Platform's infrastructure. The above actions may be carried out without the need to bear any financial, moral, or personal liability towards an active User (excluding mandatory provisions regarding previously paid but completely and groundlessly unfulfilled subscription services based on applicable consumer law).

Legal basis and applicable law: The Service Provider formally introduces these Terms into legal circulation pursuant to Article 8(1)(1) of the Act of July 18, 2002 on the Provision of Electronic Services. The applicable and governing law for the substantive assessment of the Terms, as well as all relationships arising therefrom, is exclusively Polish law. In matters not expressly regulated in the Terms, generally applicable provisions of law apply, in particular and without exclusion the provisions of the following legal acts:

• Act of July 18, 2002 on the Provision of Electronic Services;
• Act of April 23, 1964 – Civil Code;
• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR);
• Act of November 6, 2008 on Patient Rights and the Patient Rights Ombudsman;
• Act of May 30, 2014 on Consumer Rights;
• Act of May 10, 2018 on Personal Data Protection.

Dispute resolution: Any potential disputes or claims arising from the interpretation of the Terms will be resolved first and foremost through amicable settlement proceedings. The Service Provider indicates, with full respect for the law, the consideration of consumers' rights to free, out-of-court dispute resolution internationally (including the EU ODR platform). If the amicable route proves permanently and completely ineffective, all cases without exception will ultimately be resolved by substantively and locally competent Polish common courts, appropriate for the Service Provider's registered office (in relation to entrepreneurs), and in relation to ordinary consumers, competent and designated in accordance with the provisions of the respectively applicable Code of Civil Procedure.

Availability and form of documents: These Terms and the integrally related Privacy Policy are made available continuously and free of charge on the website and directly in the Application (in the dedicated "Terms" tab) in digital form that allows their easy download, storage on a durable medium, and printing at any time. The User may access these documents at any time.

Rules for changes and amendments: Taking into account the dynamic development of advanced software, the Service Provider reserves the absolute right to unilaterally change these Terms and Privacy Policy at any time. The Service Provider has no legal obligation to agree with Users on the scope and content of changes made. Information about all amendments and specific dates of their entry into force will be posted in a legible and easily accessible manner in the Application at least 7 days before the planned date of entry into force of the changes.

Effects of amendments: In the event of the User's disagreement with the application of the rules of the amended (new) Terms, the User is obliged to immediately cease using the Application and delete their Account. The User's continued use of the Application after the date of introduction of changes to the Terms will be treated unequivocally as the User's unconditional consent to the introduced modifications. Each User is bound by the version of the Terms current as of the date of actual use of the Platform.

Severability clause: The legal structure of these Terms has been developed to ensure continuity of service provision. In the event of the final occurrence of an objective situation and confirmation of the fact that any of the indicated, exhaustively listed provisions or even the smallest fragments of the Terms proved definitively invalid for any reason under the law, or was formally recognized as contrary to it by a final judgment of any court, ineffective by another administrative decision – absolutely and in no way does this fact entail automatic paralysis or invalidation of the validity of the contract itself. Without exception, all remaining, unchallenged provisions retain absolute full effectiveness, as well as powerful legal force binding on all participating Parties.

Effective date: These Terms enter into force and are fully effective as of February 1, 2026.