ELEVEN23

TERMS OF USE

Last Updated: April 16, 2025

1. INTRODUCTION

Welcome to eleven23 (the "App"), a health application owned and operated by eleven23 ("Company," "we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.

2. ELIGIBILITY

You must be at least 16 years of age to use the App. By using the App, you represent and warrant that you are at least 16 years old. If you are under 18 years old, you confirm that you have obtained parental or guardian consent to use the App.

3. ACCOUNT REGISTRATION

To access certain features of the App, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account.

4. APP SERVICES

4.1 Health and Fitness Services

The App provides AI-generated personalized meal plans and workout recommendations based on the information you provide. These plans and recommendations are for informational purposes only and do not constitute medical advice.

4.2 Disclaimer of Medical Advice

IMPORTANT HEALTH DISCLAIMER: THE APP'S RECOMMENDATIONS ARE NOT MEDICAL ADVICE. THE APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, MEDICAL CONDITION, OR HEALTH PROBLEM. ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING ANY DIET, EXERCISE PROGRAM, OR MAKING ANY CHANGES TO YOUR HEALTH REGIMEN, ESPECIALLY IF YOU HAVE OR SUSPECT YOU MIGHT HAVE A HEALTH CONDITION OR IF YOU ARE CURRENTLY TAKING MEDICATION.

5. USER RESPONSIBILITIES

You agree to:

  • Use the App only for its intended and lawful purposes
  • Provide accurate information about yourself
  • Not provide false or misleading information about your health status, physical condition, or dietary needs
  • Use the App's recommendations responsibly and in consideration of your personal health circumstances
  • Not attempt to circumvent, disable, or otherwise interfere with the App's security features
  • Not use the App in any way that could damage, disable, overburden, or impair the App

6. PROHIBITED CONDUCT

The following activities are prohibited:

  • Using the App to harm others or to impersonate another person
  • Attempting to gain unauthorized access to the App or its related systems
  • Using the App to engage in any illegal activity
  • Sharing your account credentials with another person
  • Reverse engineering or attempting to extract the source code of the App
  • Using automated systems or software to extract data from the App ("scraping")
  • Uploading viruses or other malicious code

7. INTELLECTUAL PROPERTY

7.1 Ownership

The App, including its content, features, and functionality, is owned by eleven23 and is protected by copyright, trademark, and other intellectual property laws. The App's AI algorithms, design, text, graphics, interface, and other materials related to the App are the property of the Company or its licensors.

7.2 Limited License

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

8. SUBSCRIPTION AND PAYMENT TERMS

8.1 Subscription Model

The App operates on a freemium model. Basic tracking features are available for free, while personalized AI-generated meal and workout plans require a paid subscription.

8.2 Payment and Billing

  • Subscription fees will be charged to your chosen payment method through the applicable app store or platform (Apple App Store, Google Play Store, etc.)
  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
  • Payment is charged within 24 hours prior to the end of the current period
  • You can manage and cancel your subscription through your app store account settings

8.3 Refunds

Refund policies are governed by the respective app marketplace (Apple App Store, Google Play Store) through which you purchased your subscription. We do not process refunds directly; refund requests must be submitted through the applicable app marketplace.

9. PRIVACY

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you.

10. TERMINATION

10.1 Termination by You

You may terminate your account at any time by following the instructions in the App's settings or by contacting us at marin@impuls.al. Upon termination, you will lose access to premium features if you have a paid subscription.

10.2 Termination by Company

We reserve the right to suspend or terminate your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the App, the Company, or third parties, or for any other reason.

11. DISCLAIMERS

11.1 "AS IS" Basis

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 Accuracy of Information

WHILE WE STRIVE TO PROVIDE ACCURATE AND USEFUL INFORMATION, WE DO NOT WARRANT THAT THE APP'S CONTENT WILL BE ERROR-FREE, COMPLETE, ACCURATE, OR RELIABLE. THE AI-GENERATED RECOMMENDATIONS ARE BASED ON THE INFORMATION YOU PROVIDE AND GENERAL PRINCIPLES BUT MAY NOT BE SUITABLE FOR EVERYONE.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your violation of these Terms or your use of the App.

14. MODIFICATIONS TO THE TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the App or by email. Your continued use of the App after such notification constitutes your acceptance of the modified Terms.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Albania, without regard to its conflict of law provisions.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

If you have any concerns or disputes about the App, you agree to first try to resolve the dispute informally by contacting us at marin@impuls.al.

16.2 Formal Proceedings

If a dispute cannot be resolved informally, both parties agree to resolve any claims relating to these Terms or the App through final and binding arbitration in Albania, except to the extent you have violated or threatened to violate our intellectual property rights, in which case we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

17. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.

18. ENTIRE AGREEMENT

These Terms, along with the Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements and understandings.

19. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:
Email: marin@impuls.al