Terms of Use

GENERAL
This present Website/CRM/Mobile Application constitutes property of the Company under the trade name WALLMANS LTD (henceforth referred to as «the Company») - registration number HE414057, which has its registered office in Florinis 6, P.C. 2402, Egkomi, Nicosia, Cyprus. By using the Website/CRM/Mobile Application and its services, each visitor, agent or user unreservedly agrees to comply with these Terms of Use, which apply to all content, images and files within the Website/CRM/Mobile Application (henceforth referred to as «Terms of Use»).

Consequently, it is strongly recommended that visitors, agents or users read these Terms of Use thoroughly before using the Company’s Services. If a visitor, agent or user does not consent to these Terms of Use, they should refrain from using the services and content of the Website/CRM/Mobile Application.

The Company declares that all expected precautions and measures are taken to provide complete, accurate and reliable information on its Website/CRM/Mobile Application.

The GDPR Policy constitutes an integral and binding part of these Terms of Use.

INTELLECTUAL PROPERTY
The Website/CRM/Mobile Application and all of its content (including text, images, software and links) constitute intellectual property of the Company under the trade name WALLMANS LTD, which is also its administrator – manager and are protected by all the relevant laws and provisions of both the Cypriot and European Law, and also the relevant International Conventions about Trademarks and Industrial and Intellectual Property.

The display of this content on the Website/CRM/Mobile Application must not be considered, in any occasion, as transfer or assignment of any license or right of use, reproduce or distribute it, other than the right to view it online.

Any reproduction, copying, republishing, uploading, posting, distribution or broadcasting of the content of the Website/CRM/Mobile Application for commercial or any other purposes, is to be allowed solely by the a priori written permission issued by the Company or another authorized holder of the intellectual property rights. Authorized holders may be listed on the Website/CRM/Mobile Application.

The Website/CRM/Mobile Application may include links to third-party websites or services for the convenience of Users/Agents/Visitors. The Company does not bear responsibility for their content, functionality, or accuracy. By using such third-party services, Users/Agents/Visitors agree to the terms and policies applicable to those services.

USER’S/AGENT’S/VISITOR’S LIABILITY
Definitions
  1. Member User: a user of the Website/Mobile Application who has been granted a license to use the Service under this Agreement, provided that the license has not been terminated and who uses the Service for personal purposes.
  2. Guest User: a user of the Website/Mobile Application who has been granted a license to use the Service under this Agreement, provided that the license has not been terminated and who uses the Service for personal purposes.
  3. Agent: any type of Dietitian or similar professional who enrolled in the CRM/ Website/Mobile Application to provide services to clients and has been accepted by the Company as an Agent.
  4. Visitor: any type of user who browses or interacts with the Website/CRM/Mobile Application.

User Responsibility
The Website/CRM/Mobile Application must be used solely for legal and lawful purposes and in a manner that does not restrict or hinder access to other users. Users/Agents/Visitors are obliged to comply with the rules and provisions of the applicable Cypriot, European and International Laws and these Terms of Use and act in good faith.

Access and Registration Requirements
Users must meet the following requirements to be considered as Users/Agents/Visitors of the Website/CRM/Mobile Application:

Website: No registration required
CRM: Can be accessed by Agents. Registration is required.
  • Agents must be at least 18 years old.
  • Agents must truthfully complete the mandatory fields of the registration form, including username, e-mail address and phone number among others.
  • Agents must be professional Dietitians of any type, with at least a bachelor’s degree in the relevant field.
  • Agents must agree to these Terms of Use.
Mobile Application: Can be accessed by Guest Users (no registration is required) or Member Users (registration is required).
  • Users must be at least 18 years old.
  • Users must truthfully complete the mandatory fields of the registration form, including username, e-mail address and phone number among others.
  • Users must agree to these Terms of Use.

Accuracy of Information
The User/Agent/Visitor must ensure that all the information provided during their registration is true, accurate and complete and they must keep their details up to date. The Company reserves the right to deny or revoke access if any information is found to be false, inaccurate or incomplete.

Account Registration and License
To access and use all of the features of the Website/CRM/Mobile Application features, users can create an account (henceforth referred to as «User Account»), providing true, accurate, current and complete information.

Upon proper registration and creation of a User Account, and subject to all of the terms and conditions included in these Terms of Use, the Company grants a personal, non-transferable license to access and use the Website/CRM/Mobile Application solely for providing or using Services. Any breach of these Terms of Use shall result in the immediate revocation of the license granted, without a prior notice required.

Username and Password
During the registration process on the CRM/Mobile Application, both Agents and Users must select a username and password. Both the username and the password are strictly confidential, personal and non-transferable.

Agents/Users are responsible for maintaining the confidentiality of their username and password, related login information, as well as all their activities and those of any third party that occur through their User Account, whether or not authorized by them.

The Company cannot guarantee the identity of registered Agents/Users and will therefore not be liable for unauthorized User Account use. Agents/Users agree to immediately notify the Company, using the Contact Us section, if they suspect unauthorized access to their User Account. Agents/Users agree that the Company will not under any circumstances be liable for any cost, loss, damage or expense arising out of a failure by them to maintain the security of their User Account.

Profile Management
Upon registration, Agents/Users must provide necessary information, such as name, surname, e-mail address, phone number, address, etc. Agents/Users can access their profile and complete, update or edit their profiles as needed. For deregistration and account deletion, specific instructions are provided within the CRM/Mobile Application.

Cancellation and Termination
Agents/Users are solely responsible for requesting their accounts to be deleted or cancelled from the CRM/Mobile Application. Requests via email or phone are not considered valid for deletion or cancellation. Agents/Users can delete or cancel their User Account at any time. The Company reserves the right to terminate User Accounts or suspend services at any time, without a prior notice required.

Effect of Termination
Upon termination, the Company may permanently delete a User Account and data, except non-identifiable information. The Company reserves the right to terminate User Accounts or suspend services at any time, without a prior notice required.
Any Recipes and Preset Meal Plans published and shared with Users on the CRM/Mobile Application by Agents cannot be removed once published.
Agents/Users that have not logged in to their User Account for 12 or more months, may be treated as “inactive” and get permanently deleted along with all the data associated with it.

Operation of Service – Terms of Mandate
CRM:
Agents registered as any type of Dietitian through the CRM can subscribe to any of the available plans, and can proceed with a payment as requested. Subscription fees and available features under a subscription plan may change in the future, with advanced notification provided. Agents under a specific subscription plan will continue to have access to the plan they have paid for, until the end of the period the subscription plan covers.

Upon successful subscription and payment, Agents can create and maintain their profile, as well as manage their clients’ data. Agents are responsible for creating and maintaining accurate data for their clients. The Company has no access to the data of the Agents’ clients, therefore, any errors during the creation of a client profile or recording of measurements are solely considered the Agent’s responsibility.

Agents can choose to be visible in the Mobile Application and are responsible for providing accurate professional and personal information. The Company is not responsible for any fake or false information provided by the Agents.

Agents who choose to be visible in the Mobile Application will be able to create Preset Meal Plans in the CRM and publish them under their profile name in the Mobile Application. Preset Meal Plans are created by Agents based on their knowledge and expertise. The Company is not responsible for the creation of Preset Meal Plans or the information included therein.

Agents can create recipes in the CRM and publish them through the Mobile Application, where Users can view and use the published recipes. Agents associated with Users can share Custom Meal Plans with them. Users can either request Custom Meal Plans in person or through the Mobile Application. Agents are responsible for creating each type of Meal Plan (Preset Meal Plan, Custom Meal Plan in person, Custom Meal Plan requested through the Mobile Application) in a professional manner, without errors and take full responsibility for the accuracy of information provided though them. The Company is not responsible for the creation of any type of Meal Plans, or the information included therein.

Application:
When a User uses the Mobile Application as a Guest User, no data is collected and access to the features is limited.

When a User uses the Mobile Application and registers as a Member User, they gain access to all Mobile Application features for free. The Company reserves the right to update this term in the future, with advance notice provided to Member Users. During registration, Member Users are responsible for providing accurate information and agreeing to these Terms of Use.

Users can customize their experience in the Mobile Application by selecting their preferred language (Greek, English), selecting a theme (light or dark mode), and managing list interactions (e.g., sorting checked items to the end, adding items with a single tap, sorting completed categories to the end, applying strikethrough for checked items) through the Settings section.

Users can specify the number of people they typically cook for under the Portions section, allowing the Mobile Application to adjust recipe quantities algorithmically. Users can also specify possible allergies, dislikes, dietary preferences, and illnesses under the Allergies, Dislikes, Dietary Preferences and Illnesses sections, respectively. This information will only be used to highlight relevant ingredients based on User preferences. The Company does not guarantee that products from partner stores, restaurants, or businesses do not contain allergens.

Member Users can create up to three shopping lists, create and save their own recipes, and access recipes from Agents associated with them or published by the Mobile Application administrators. Member Users can break down recipes into their lists.

Member Users can navigate to the Dietitians section to access and view all Agents who have requested to be visible in the Mobile Application through the CRM. Communication with Agents can be conducted via phone or email.

Member Users can request Custom Meal Plans through the Mobile Application. When requesting a Custom Meal Plan, Member Users are responsible for providing complete and accurate information to allow the Agent to create an effective Custom Meal Plan. Required information includes meal plan duration (in weeks), goals (e.g., weight loss, muscle building, healthy lifestyle, etc.), height, weight, gender, target weight, and physical activity level. Member Users will be requested to provide their phone number, date of birth, and any additional notes they want to share with the Agent. This information will exclusively be used by the Mobile Application to be directly provided to the associated Agent to create the Custom Meal Plan. The Company is not responsible for the accuracy of the information shared by the Member User to the Agent and for the time required by an Agent to deliver the Custom Meal Plan. Upon fulfillment of the request, Member Users must make a payment to the Company’s bank account, which acts as an intermediary between Member Users and Agents, to access and view the Custom Meal Plan.

Member Users can purchase Preset Meal Plans created by Agents and made available on the Mobile Application. These Preset Meal Plans are designed for an average male or female persona and will be adjusted based on specific fields that the Member User completes (e.g., physical activity level dietary preferences, etc.) to help achieve their goals. The Company is not responsible for the achievement of the Member User goals. Member Users must make a payment to the Company’s bank account, which acts as an intermediary between Member Users and Agents, to access and view the entire Preset Meal Plan and make adjustments according to their needs. Member Users will be able to view one day of the Preset Meal Plan to determine and evaluate its suitability to their needs before making a purchase.

Registrations, Subscriptions and Payments
Member Users:
Member Users can register, access and use the Mobile Application and its features free of charge. The Company reserves the right to modify this free-access term in the future. Any changes affecting the free services or introducing paid features will be communicated to all Users in advance.

Services that will be provided by Agents through the Mobile Application, such as Preset Meal Plans and/or a Custom Meal Plans will be available to Member Users upon payment. Payment for such services will be processed through a third-party payment provider. No sensitive payment data will be stored or used by the Company. The Company shall not be liable for any payment or similar issue that might arise due to the third-party payment provider. Currently, payments are processed by JCC (https://www.jccsmart.com/). The Company reserves the right to change the third-party payment provider at any time.

Prices for Preset Meal Plans and Custom Meal Plans are set by each Agent and may vary. Customers will be informed of the total fee for the service before completing a purchase.

Guest User:
Guest Users can access and use limited features of the Mobile Application free of charge. Limitations include but are not limited to the creation of more than one shopping list, sharing of shopping lists with other users, creation of recipes and access to Agents’ Preset Meal Plans and Custom Meal Plans.

Agents:
Agents can register, access and use the CRM and its features either free of charge (1-month free trial) or an annual paid subscription.

During the 1-month free trial period, Agents’ credit/debit cards will not be charged. Upon completion of the 1-month free trial period, subscriptions will not be automatically renewed. Agents should manually subscribe to an annual paid subscription to maintain access to the CRM services.

Payments for the annual paid subscriptions will be processed through a third-party payment provider. The Company shall not be liable for any payment or similar issue that might arise due to the third-party payment provider. Currently, payments are processed by JCC (https://www.jccsmart.com/). The Company reserves the right to change the third-party payment provider at any time.

The Company reserves the right to modify the subscription prices over time. Any changes affecting the subscription prices will be communicated to all Agents in advance. In the case Agents continue to use the CRM upon a subscription price change, Agents agree to the new price.

Agents are responsible for monitoring and renewing their subscriptions to ensure uninterrupted access to the CRM.

By subscribing to the CRM, Agents authorize the Company to send them receipts and/or invoices electronically to the email address provided during the registration process.

Payment Method and Refund Policy
Payment for services accessed by Member Users through the Mobile Application (such as Preset Meal Plans and/or Custom Meal Plans) is temporarily held in the Company’s account. The Company then transfers the payment to individual Agents with whom it has a commercial agreement. By subscribing to the CRM, Agents authorize the Company to accept payments on their behalf. Payments made to the Company’s account will therefore fully discharge the Member Users’ payment obligation to Agents. A fixed commission fee will be agreed in accordance with these Terms of Use with Agents and will be deducted from the price set by each Agent.

The Company serves as the first point of contact for payment processing to support Agents and Member Users. The Company takes initial responsibility for handling refunds, chargebacks, cancellations, and dispute resolution. This does not prejudice the Company’s actions concerning Agents, who are the exclusive providers of the services requested by the Member Users.

Member Users:
Member Users have the right to request a refund within 14 days of purchasing a Preset Meal Plan. To request a refund, Member Users can send an email to the Company using the “Contact Us” button in the Settings section of the Mobile Application. Upon requesting a refund, Member Users will lose access to the respective Preset Meal Plan. Refunds will be processed within 5 business days, with a 10% fee of the Preset Meal Plan’s price retained by the Company to compensate Agents.
Refunds are not applicable for Custom Meal Plan requests.

Agents:
Agents have the right to request a refund within 14 days of purchasing any active Subscription Plan. To request a refund, Agents can send an email to info@listeat.app. Upon requesting a refund, Agents will lose access to the CRM and all stored data. Refunds will be processed within 5 business days, with a 2% fee of the Subscription Plan’s price retained by the Company.

Pricing on the Mobile Application and CRM
All the prices listed on the Mobile Application are inclusive of any applicable taxes based on the Agents’ location of operations and shall in any event be denominated in the local currency of the Agents’ location of operations.

All the prices listed on the CRM are inclusive of any applicable taxes based on the Company’s location of operations (Cyprus) and shall in any event be denominated in the local currency of the Company’s location of operations.

The prices applicable for each service will be as published on the Mobile Application and CRM at the final stage of the contracting process, taking into account the specific characteristics and terms outlined above.

Indemnification
Users and Agents agree to indemnify and hold the Company, along with its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claims or demands - including reasonable attorneys’ fees – made by any third-party due to or arising from a breach of this Agreement, or a violation of any law or any infringement of third-party rights.

Agents further agree to indemnify and hold the Company, along with its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claims or demands - including reasonable attorneys’ fees - made by any third-party, including any of their clients, in connection with the Agents’ use of the Service.

LIMITATION OF LIABILITY
The Company makes every effort to ensure that the content and the information on Website/CRM/Mobile Application is accurate, clear, complete, timely and available. The Company does not guarantee uninterrupted access to the Website/CRM/Mobile Application, nor does it warrant that the pages, services, options and contents will be provided without interruption and errors.

The Company is not liable for any form of damage incurred by the Users/Agents/Visitors from the use of the Website/CRM/Mobile Application, including any reliance on the content, services, options, or other elements accessed through the Website/CRM/Mobile Application. Users/Agents/Visitors access the Website/CRM/Mobile Application at their own risk, with full knowledge of and in agreement to these Terms of Use.

The Company and their members have no responsibility for the quality, maintenance and control of the third-party Services displayed on the Website/CRM/Mobile Application. The Company does not guarantee that the Services sold by partner stores, restaurants, businesses do not contain allergic substances. Users/Agents/Visitors with allergies or dietary restrictions are advised to contact info@listeat.app in case they suspect the existence of not up-to-date and accurate information.

To the fullest extent permitted by the applicable law, the Company disclaims any liability for damages to Users/Agents/Visitors or any other party in relation with the use of the Website/CRM/Mobile Application. This includes liability arising from tort, contract, bailment, negligence, or any other basis, and covers direct, indirect, consequential, special, punitive, or incidental damages, even in the case where the Company has been advised of, is aware of, or should have been aware of the potential of such damages.

Force Majeure
The Company shall not be held liable for any failure to perform its obligations, where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, or other natural disasters), war, civil disturbance, or other causes beyond its reasonable control. During such instances, obligations under the Terms may be suspended until resolution.

GDPR POLICY
The Company commits itself to respect and protect the Personal Data and Privacy of each User/Agent/Visitor of the Website/CRM/Mobile Application. This Policy outlines the Company’s commitment to data protection, including the types of data collected, the manner of data processing and the actions that Users/Agents/Visitors can take regarding their personal information when using the Website/CRM/Mobile Application.

The Company will, each time, post the latest applicable version of this Policy on the Website/CRM/Mobile Application without prior notification to keep Users/Agents/Visitors fully informed. The management and protection of Users’/Agents’/Visitors’ Personal Data are governed by the relevant provisions of the Cypriot Law for the Protection of Personal Data, and in compliance with the European Regulation (EE) 2016/679 issued by the European Parliament and Council.

1. COLLECTION OF DATA
Users/Agents/Visitors can access the Website/CRM/Mobile Application without providing any of their Personal Data. For access to certain areas or services of the Website/CRM/Mobile Application, registration may be required. During this process, the Company may collect only the necessary Personal Data required to fulfill the purposes and functions of the Website/CRM/Mobile Application, as outlined in this Policy.

2. USE OF PERSONAL DATA
The Company may collect and process Personal Data of the User/Agent/Visitor through the Website/CRM/Mobile Application. The collection and processing of Personal Data will be conducted with the Users’/Agents’/Visitors’ explicit consent, solely to enable access to features and services available on the Website/CRM/Mobile Application.

Personal Data collected by the Company will be used exclusively to ensure the functionality of the Website/CRM/Mobile Application services. No additional processing, sharing or exchange of this data will occur. The Company acts in compliance with the applicable data protection laws and is committed to best practices data security on the Internet.

Personal Data will be securely stored by the Company, for the duration of the Users’/Agents’/Visitors’ subscription to any of the Company’s services or as required to achieve the intended purpose. Data will be deleted upon termination of the business relationship between the User/Agent/Visitor and the Company, in accordance with applicable legal retention periods.

The recipients of Personal Data may include the Company, affiliated legal entities, or external partners of the Company, who facilitate the forwarding, support and management of the business relationship, subject to compliance with relevant legal requirements.

3. REVOKING CONSENT
In case a User/Agent/Visitor wishes to withdraw consent for data processing or objects to the processing of their Personal Data, the Company will comply with their request in line with its legal obligations, as set out by the relevant Law, provided that the instructions are submitted in written form.

For purposes of enactment of their rights, any User/Agent/Visitor may contact the Company and submit their request in writing via e-mail at info@listeat.app, addressing the Company’s Data Protection Officer.

MOBILE DEVICES TERMS
The Company grants Users/Agents/Visitors a personal, non-transferable and limited right to use the Mobile Application solely for personal purposes. Users/Agents/Visitors agree to comply with all applicable laws and any third-party terms of agreement that may apply, when using the Mobile Application.

The Mobile Application may not contain the same features or functionality that is available on the Website.

Downloading and using the Mobile Application is at the Users’/Agents’/Visitors’ sole discretion and risk. The Company is not liable for any damage to the Users’/Agents’/Visitors’ device, loss of data or any other issue that may arise from downloading or using the Mobile Application.

AMENDMEND OF TERMS OF USE
The Company reserves the right to amend, modify or/and unilaterally update the Terms of Use, along with any related conditions and integral parts, at any time and without prior notice. The latest version of the Terms of Use will be made available on the Website/CRM/Mobile Application for the information of Users/Agents/Visitors.

MISCELLEANEOUS/APPLICABLE LAW
These Terms of Use, along with any amendment, modifications, or alterations are governed and interpreted with Cypriot Law, European Union Law and relevant International Conventions.

If any provision within these Terms of Use is found to be contrary to the applicable law, that provision shall cease to be effective without affecting the validity or enforceability of the remaining terms.

These Terms of Use constitute an overall agreement between the Company and Users/Agents/Visitors of the Website/CRM/Mobile Application and its services.

No amendment of these Terms of Use shall be valid or enforceable as part of this present agreement, unless formulated in writing and incorporated into these Terms of Use.

DISPUTE RESOLUTION AND GOVERNING LAW
In the event of any dispute or claim related to these Terms of Use, both parties agree to attempt mediation as the first course of action. If unresolved, the dispute will be referred to binding arbitration in accordance with Cypriot law. These Terms of Use shall be governed and construed in accordance with the Cypriot laws.