API Terms of Service

These API Terms of Service (the "Agreement") constitute a binding legal agreement between Selvyo sp. z o.o., a limited liability company (spółka z ograniczoną odpowiedzialnością) incorporated under the laws of the Republic of Poland, having its registered office at ul. Złota 75A, lok. 7, 00-819 Warsaw, Poland, registered in the National Court Register (KRS) under No. 0001258400, NIP 5273231126, REGON 545420071 (hereinafter "Selvyo", "we", "us", or "our"), and the legal entity identified during the account registration process (hereinafter the "Client", "you", or "your").

By creating an account, generating API Credentials, downloading or integrating the SDK, or otherwise accessing or using the Services, the Client confirms that (i) it has read, understood, and agrees to be bound by this Agreement; (ii) the natural person executing this Agreement is duly authorized to bind the legal entity on whose behalf they act; and (iii) the Client is a legal entity acting in the course of its business activity and not a consumer within the meaning of Article 22¹ of the Polish Civil Code.

If you do not agree with this Agreement, do not access or use the Services.

1. Definitions

1.1 "Agreement" means these API Terms of Service together with the Data Processing Agreement ("DPA"), the Privacy Policy, the applicable Order Form (if any), and all schedules, exhibits, and policies referenced herein.

1.2 "API" means the Selvyo Food Recognition Application Programming Interface, including all REST endpoints, request/response formats, methods, parameters, and related Documentation made available by Selvyo.

1.3 "API Key" means a unique alphanumeric identifier issued by Selvyo to the Client for the purpose of authenticating API Requests.

1.4 "API Secret" means the confidential credential paired with an API Key, used to sign or authorize Requests via Bearer Token authentication.

1.5 "AI Models" means the proprietary machine learning models, neural networks, weights, training data, embeddings, classifiers, and inference algorithms operated by Selvyo (and by Selvyo's LLM Sub-Processor, OpenAI, where applicable) to provide food recognition and nutrient estimation services.

1.6 "Authorized Personnel" means the Client's employees, contractors, or agents who have a need to access the API or SDK strictly for the purposes contemplated under this Agreement and who are bound by confidentiality obligations substantially equivalent to those set forth herein.

1.7 "Client Application" means the proprietary software application, website, mobile application, or service developed and operated by the Client into which the API and/or SDK are integrated.

1.8 "Confidential Information" has the meaning given in Section 11.

1.9 "Credentials" means collectively the API Key, API Secret, OAuth tokens, SDK license keys, and any other authentication materials issued by Selvyo.

1.10 "Documentation" means the technical documentation, integration guides, API reference, SDK manuals, code samples, and best-practice guidelines published by Selvyo at https://docs.selvyo.io, as updated from time to time.

1.11 "End User" means any natural person who uses the Client Application and whose data (including food images) is transmitted to or processed through the API or SDK.

1.12 "End-User Seat" means a unique End User of the Client Application, identified by a stable pseudonymous identifier supplied by the Client. The maximum number of concurrent End-User Seats permitted under each Plan is set out in Schedule A.

1.13 "Fees" means all subscription charges, Token-overage charges, Seat-overage charges, and other amounts payable by the Client under this Agreement.

1.14 "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation), together with implementing national legislation.

1.15 "LLM Sub-Processor" means the third-party large-language-model provider engaged by Selvyo to assist with natural-language processing of optional text queries and structured-output generation, currently OpenAI, L.L.C. (OpenAI Ireland Ltd. for EU traffic). The current list of all sub-processors is maintained per Section 9.6.

1.16 "Output" means the structured JSON response returned by the API or SDK in reply to a Request, including identified food items, portion estimates, nutrient values, confidence scores, and metadata.

1.17 "Personal Data" has the meaning given in Article 4(1) GDPR.

1.18 "Plan" means the subscription tier selected by the Client (Demo, Starter, Growth, Pro, or Enterprise) as described in Section 7 and Schedule A.

1.19 "Representative" means a director, officer, employee, contractor, or other agent acting on behalf of a Party.

1.20 "Request" means a single, authenticated call to an API endpoint or a single inference invocation through the SDK.

1.21 "Services" means the API, SDK, Documentation, dashboard, technical support, and any other services made available by Selvyo under this Agreement.

1.22 "SDK" means the Selvyo software development kit for iOS (Swift), including binaries, source files, libraries, header files, and accompanying Documentation.

1.23 "Term" has the meaning given in Section 15.

1.24 "Token" means a unit of compute consumption metered by Selvyo, calculated as the sum of (i) input tokens consumed in processing the image and/or text query (image tokens are computed by Selvyo's tokenizer at a published rate per megapixel), and (ii) output tokens generated by the AI Models in producing the Output. Token accounting follows the methodology published in the Documentation. One million Tokens is abbreviated "1M Tokens" in this Agreement and Schedule A.

1.25 "Uptime" means the percentage of time during a calendar month that the API is available and responding to validly-formed Requests, calculated in accordance with Section 8.

2. Scope of the Agreement

2.1 This Agreement governs the Client's access to and use of the Services. It applies in addition to any Order Form or Master Service Agreement ("MSA") executed between the Parties; in case of conflict, the Order Form or MSA shall prevail over this Agreement to the extent of the inconsistency.

2.2 This Agreement does not transfer to the Client any ownership rights in the Services, the AI Models, or any underlying intellectual property. The Client receives only the limited rights expressly set forth in Section 3.

2.3 The Services are intended exclusively for business-to-business ("B2B") use by professional Clients. The Services are not directed to consumers.

3. License Grant

3.1 Grant. Subject to the Client's continuous compliance with this Agreement and timely payment of all Fees, Selvyo grants to the Client, during the Term, a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to:

1. access the API and transmit Requests to its endpoints;
2. download, install, and integrate the SDK into the Client Application;
3. internally reproduce and use the Documentation solely as necessary to exercise the rights granted under (a) and (b); and
4. distribute the SDK as embedded within compiled, object-code form of the Client Application to End Users, solely as a non-severable component of the Client Application.

3.2 Purpose Limitation — Plan-Based.

1. Demo Plan. The license under the Demo Plan is granted solely for internal evaluation, prototyping, proof-of-concept work, and non-production testing, and is valid for a maximum of fourteen (14) consecutive calendar days from first issuance of Credentials, capped at one hundred (100) Requests in total. Commercial use, productionization, or distribution of the Client Application to paying End Users under the Demo Plan is strictly prohibited.
2. Paid Plans (Starter, Growth, Pro, Enterprise). The license permits commercial use of the Services as integrated into the Client Application, subject to the Token quotas, End-User-Seat caps, and other restrictions of the applicable Plan as set out in Schedule A.

3.3 No Sublicensing. The Client shall not sublicense, rent, lease, lend, sell, resell, distribute, or otherwise transfer the API, SDK, Credentials, Documentation, or Output to any third party, except (i) distribution of the SDK as compiled within the Client Application as expressly permitted in Section 3.1(d), and (ii) with Selvyo's prior written consent, which may be withheld at its sole discretion.

3.4 Reservation of Rights. All rights not expressly granted in this Agreement are reserved by Selvyo.

4. Prohibited Uses

The Client shall not, and shall not permit any Authorized Personnel, End User, or third party to:

4.1 reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, architecture, training data, weights, or trade secrets of the API, SDK, AI Models, or any component thereof, except to the extent such restriction is expressly prohibited by applicable mandatory law;

4.2 use the Services, the Output, or any data derived therefrom to train, validate, fine-tune, benchmark, distill, or otherwise develop any artificial intelligence model, machine learning system, or food/nutrition recognition technology that competes, in whole or in part, with the Services;

4.3 resell, white-label, rebrand, or repackage the API or SDK as the Client's own product, or hold out the Services to any third party as the Client's proprietary technology;

4.4 cache, store, or persist Output for longer than twenty-four (24) hours from the time of the originating Request, except (i) the minimum necessary period to deliver Output to the End User who initiated the Request, and (ii) anonymized, aggregated statistics that contain no Output values capable of being matched to a specific Request or image;

4.5 generate, transmit, or attempt to transmit Requests at a rate, volume, or pattern that exceeds the rate limits or Token quotas applicable to the Client's Plan, including by means of distributed clients, queueing schemes, account multiplexing, End-User-Seat fragmentation, or other circumvention techniques;

4.6 use the Output, the API, or the SDK for, or in connection with, medical diagnosis, clinical decision-making, treatment, prevention, or monitoring of any disease or medical condition, or otherwise as a medical device within the meaning of Regulation (EU) 2017/745 (MDR) or analogous legislation;

4.7 disclose, share, transmit, or grant access to Credentials to any third party (including affiliates), embed Credentials in client-side code, mobile application binaries, public source repositories, or otherwise expose Credentials in a manner that could permit unauthorized use;

4.8 use the Services in any Client Application directed to, marketed to, or knowingly used by children under the age of 13 (or such higher age as defined by applicable child-protection legislation, including COPPA in the United States and Article 8 GDPR in the EU);

4.9 scrape, harvest, systematically download, mirror, or otherwise extract the nutrient database, food taxonomy, ontology, or any other proprietary dataset of Selvyo, whether by means of bulk Requests, automated tools, or otherwise;

4.10 use the Services in violation of any applicable law or regulation, including GDPR, ePrivacy Directive, Polish Act on Personal Data Protection, EU AI Act, sanctions and export-control laws, anti-money-laundering law, or unfair-competition law;

4.11 introduce into the Services any malware, virus, worm, trojan, time bomb, or other harmful code;

4.12 conduct security testing, penetration testing, vulnerability scanning, or load testing against the Services without Selvyo's prior written authorization;

4.13 use the Services in a manner that could reasonably be expected to damage, disable, overburden, or impair Selvyo's infrastructure or the experience of other clients;

4.14 misrepresent the source, accuracy, or nature of the Output to End Users.

A breach of this Section 4 constitutes a material breach entitling Selvyo to immediate suspension and/or termination under Section 15.

5. API Credentials & Security

5.1 Issuance. Upon account approval, Selvyo shall issue to the Client an API Key and corresponding API Secret. SDK license keys shall be issued separately, per platform.

5.2 Client Responsibility. The Client is solely responsible for:

1. maintaining the confidentiality, integrity, and security of all Credentials;
2. storing Credentials in industry-standard secrets-management systems (e.g., AWS Secrets Manager, GCP Secret Manager, HashiCorp Vault) and never in plaintext client-side code, public repositories, or shared workspaces;
3. all activity occurring under its Credentials, whether or not authorized by the Client; and
4. implementing technical and organizational measures to prevent unauthorized use, including access controls, audit logging, and the principle of least privilege.

5.3 Compromise Notification. The Client shall notify Selvyo in writing at sergiydf2025@gmail.com within twenty-four (24) hours of becoming aware, or having reasonable grounds to suspect, that any Credentials have been lost, stolen, disclosed, or otherwise compromised. Selvyo shall, upon such notice, revoke and reissue the affected Credentials.

5.4 Revocation Right. Selvyo reserves the right, exercisable at its sole discretion and with or without prior notice, to suspend, revoke, or rotate any Credentials in the event of (i) actual or suspected breach of this Agreement; (ii) actual or suspected security incident; (iii) order of a competent authority; or (iv) the Client's failure to pay Fees when due.

5.5 Key Rotation. Selvyo recommends rotation of API Secrets at intervals not exceeding ninety (90) days. The Client may request rotation at any time via the dashboard. Selvyo may mandate rotation by notice with a transition period of not less than thirty (30) days.

6. Usage Limits & Rate Limiting

6.1 Limits. Each Plan imposes limits on (i) Requests per minute, (ii) Tokens per month, (iii) maximum number of End-User Seats, and (iv) concurrent connections, as set out in Schedule A.

6.2 Overage Behavior.

1. Rate-limit overage. Where the Client exceeds its applicable per-minute rate limit, the API shall respond with HTTP status code 429 (Too Many Requests) together with a Retry-After header.
2. Monthly Token overage. Where the Client exceeds its monthly Token quota, Selvyo shall, by default, continue to serve Requests and apply per-Token overage charges in accordance with Schedule A, billed in the following billing cycle. The Client may set a hard cap via the dashboard, in which case excess Requests are rejected with HTTP 402 (Payment Required).
3. End-User-Seat overage. Where the Client exceeds its End-User-Seat cap, Selvyo shall notify the Client and either (i) bill additional Seats at the rate specified in Schedule A, or (ii) require an upgrade to the next-higher Plan within thirty (30) days, at Selvyo's option.
4. Enterprise Plans. Excess Requests under an Enterprise Plan may be routed through a burst-capacity queue per the applicable MSA.

6.3 Overage Charges. Token overage is metered per million Tokens (1M Tokens) at the rate set out in Schedule A and invoiced in the following billing cycle. Hard caps are available via the dashboard to prevent overage charges.

6.4 Monitoring. Selvyo provides a usage dashboard accessible at https://dashboard.selvyo.io showing real-time Request volumes, Token consumption, End-User-Seat counts, error rates, latency metrics, and Plan utilization. Dashboard data is provided for informational purposes; Selvyo's server-side records shall be authoritative for billing purposes.

6.5 Plan Upgrade. Where the Client consistently approaches or exceeds its Plan limits (Tokens or Seats), Selvyo may propose a Plan upgrade. Continued sustained overage without upgrade may result in Service suspension.

7. Fees & Payment

7.1 Plans. The Services are offered under the following Plans, with detailed parameters and quotas set out in Schedule A (Pricing & Plan Schedule):

1. Demo Plan — Free, time-limited evaluation. Issued for evaluation, prototyping, and non-production testing only. Limited to fourteen (14) days from first Credential issuance and a total of one hundred (100) Requests, whichever occurs first. No commercial use permitted. Provided "AS IS" without any SLA, support, or warranty.
2. Starter Plan — USD 25 / month. Commercial use permitted. Includes 10,000,000 (10M) Tokens per month and up to 100 End-User Seats. Token overage billed at USD 2.50 per 1M Tokens. Standard email support. Standard SLA per Section 8.
3. Growth Plan — USD 299 / month. Commercial use permitted. Includes 100,000,000 (100M) Tokens per month and up to 1,000 End-User Seats. Token overage billed at USD 2.00 per 1M Tokens. Priority email and chat support. Standard SLA per Section 8.
4. Pro Plan — USD 999 / month. Commercial use permitted. Includes 300,000,000 (300M) Tokens per month and up to 10,000 End-User Seats. Token overage billed at USD 1.70 per 1M Tokens. Priority support with accelerated response times. Standard SLA per Section 8.
5. Enterprise Plan — USD 1,199 / month (starting price). Commercial use permitted. Includes 350,000,000 (350M) Tokens per month and 10,000 or more End-User Seats (no upper cap on Seats). Token overage billed at USD 1.50 per 1M Tokens. Dedicated account manager, custom SLA terms (up to 99.95% Uptime), priority incident response, optional on-premise or VPC-dedicated SDK deployment, and the option to execute a separate Master Service Agreement which shall supersede this Agreement to the extent of any inconsistency.

7.2 Subscription Model. Paid Plans are billed monthly or annually in advance, at the Client's election upon registration or upgrade. Annual prepayment may be offered at a discount specified in Schedule A.

7.3 Currency. All Fees are denominated in United States Dollars (USD). Currency conversion, if any, shall be at the prevailing rate of the payment processor.

7.4 Payment Method. Fees shall be paid via the payment processor designated by Selvyo, currently Stripe Payments Europe, Ltd. By providing a payment method, the Client authorizes Selvyo (and its payment processor) to charge all applicable Fees thereto.

7.5 Upgrades and Downgrades.

1. Upgrades take effect immediately; the prorated incremental Fee is charged for the remainder of the current billing cycle. Token quota and Seat cap are immediately raised to the new Plan level (unused Tokens from the lower Plan are not carried over).
2. Downgrades take effect at the start of the next billing cycle. No refunds shall be issued for unused portions of a higher Plan.

7.6 Late Payment. If any undisputed amount remains unpaid for more than seven (7) days past the due date, Selvyo may issue a payment reminder. If the amount remains unpaid for fifteen (15) days past the due date, Selvyo may suspend access to the Services without further notice. If the amount remains unpaid for thirty (30) days past the due date, Selvyo may terminate this Agreement under Section 15. Statutory default interest shall apply at the rate provided under Polish law (Article 4 et seq. of the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions, where applicable).

7.7 Taxes. Fees are stated exclusive of all Taxes. "Taxes" means any value-added tax (VAT, including Polish VAT and EU reverse-charge VAT where applicable), goods and services tax, sales tax, withholding tax, or similar levy. The Client is responsible for all Taxes arising from its purchase and use of the Services, except for taxes on Selvyo's net income. Where Selvyo is required by law to collect Tax, it shall be added to invoices. The Client warrants the accuracy of its VAT identification number and tax residency information.

7.8 No Refunds. Except as expressly provided in Section 8 (Service Credits) and Section 16.4, all Fees are non-refundable. Termination or downgrade does not entitle the Client to a refund of prepaid Fees.

7.9 Price Changes. Selvyo may revise prices by giving the Client at least thirty (30) days' prior written notice. New prices apply at the start of the Client's next renewal cycle. The Client may terminate without penalty before the price increase takes effect.

7.10 Disputed Invoices. The Client must notify Selvyo in writing of any disputed invoice within ten (10) days of receipt, failing which the invoice shall be deemed accepted. Undisputed amounts must be paid notwithstanding a dispute over other amounts.

8. Service Level Agreement (SLA)

8.1 Applicability. This SLA applies to Starter, Growth, Pro, and Enterprise Plans only. The Demo Plan is excluded from the SLA and provided on an "AS IS" basis. Enterprise Clients may negotiate alternative SLA terms via an MSA, which shall supersede this Section to the extent of inconsistency.

8.2 Uptime Commitment. Selvyo shall use commercially reasonable efforts to maintain monthly Uptime of at least 99.5% for the API (Starter, Growth, Pro). Enterprise SLA targets are set out in the MSA, up to 99.95%.

8.3 Calculation.

Uptime% = ((Total Minutes − Downtime Minutes) / Total Minutes) × 100

where:

• Total Minutes = the number of minutes in the relevant calendar month;
• Downtime Minutes = the cumulative number of minutes during which the API responds to validly-formed, properly-authenticated Requests with HTTP 5xx errors at a rate exceeding 5% of total Requests, measured in one-minute intervals, excluding Excluded Events under Section 8.7.

8.4 Scheduled Maintenance. Selvyo shall notify the Client of scheduled maintenance windows at least forty-eight (48) hours in advance via email and the dashboard. Scheduled maintenance shall, where practicable, be conducted during off-peak hours (22:00–04:00 UTC) and shall not exceed four (4) hours in any calendar month. Scheduled maintenance shall not count as Downtime.

8.5 Incident Response. Selvyo targets the following initial-response times, measured from the time the Client opens a verified support ticket via the designated channels:

Response times reflect Selvyo's acknowledgement of the ticket and the start of investigation; they are not resolution times.

8.6 Service Credits. Where measured Uptime in a calendar month falls below the commitment, the Client is entitled, upon written request submitted within thirty (30) days of the month-end, to the following Service Credits, expressed as a percentage of the monthly Fee for the affected Plan:

Service Credits shall be issued as a credit against future Fees and shall not be paid as a cash refund. Service Credits are the Client's sole and exclusive remedy for any failure to meet the SLA. The aggregate Service Credits in any calendar month shall not exceed 50% of the monthly Fee.

8.7 Excluded Events. Downtime caused by the following is excluded from SLA calculations:

1. Scheduled maintenance notified per Section 8.4;
2. emergency maintenance reasonably required to address a security threat;
3. force majeure under Section 17.5;
4. the Client's acts or omissions, including misuse, exceeding rate limits or Token quotas, or use of unsupported API versions;
5. failures of third-party infrastructure providers (AWS, OpenAI) where the failure is not attributable to Selvyo's configuration;
6. the Client's network or connectivity to the internet;
7. DNS or DDoS attacks not caused by Selvyo's negligence; and
8. deprecated API versions used beyond their support window.

9. Data & Privacy

9.1 Roles. With respect to End User Personal Data processed via the Services:

1. the Client is the Controller within the meaning of Article 4(7) GDPR; and
2. Selvyo is a Processor within the meaning of Article 4(8) GDPR, acting on the Client's documented instructions as set out in this Agreement and the DPA.

9.2 Data Categories Received. In the course of processing Requests, Selvyo receives:

1. Food images in JPEG, HEIC, or PNG format;
2. optional text queries describing the depicted food;
3. technical metadata of the Request (timestamp, API Key identifier, source IP, user-agent); and
4. End User pseudonymous identifiers where supplied by the Client (used to enforce End-User-Seat caps).

9.3 Hosting and Processing Location. Production workloads are hosted on Amazon Web Services (AWS), in the EU region eu-central-1 (Frankfurt, Germany). Optional text-query processing and structured-output generation may be routed through Selvyo's LLM Sub-Processor, OpenAI, on EU-region endpoints where available, under contractual terms that include EU Standard Contractual Clauses and the OpenAI zero-retention API setting (no training, no logging beyond operational minimums).

9.4 Processing of Images and Retention. Food images submitted to the API are processed solely for the purpose of generating the Output and are deleted from Selvyo's processing systems within twenty-four (24) hours following completion of inference. Operational logs (including request metadata, but not raw image content) are retained for a maximum of thirty (30) days for security, abuse-prevention, billing, and SLA-measurement purposes, and are thereafter deleted or anonymized. Longer retention applies only where (i) the Client has provided explicit, separate, written consent for a specific purpose (e.g., quality assurance), or (ii) retention is required by applicable law or by an order of a competent authority. For the SDK, image processing occurs on-device to the maximum technically feasible extent; images are not transmitted to Selvyo's servers except for endpoints expressly so designated in the Documentation.

9.5 Prohibition on Model Training. Selvyo shall not use the Client's data, End User images, or any Personal Data transmitted via the Services to train, retrain, fine-tune, or otherwise improve any AI Model, except (i) with the Client's prior explicit, written, opt-in consent specifying the data, purpose, and retention period, or (ii) on data that has been irreversibly anonymized in accordance with Recital 26 GDPR. Selvyo has contractually disabled training-on-customer-data with its LLM Sub-Processor.

9.6 Sub-processors. Selvyo engages the following sub-processors:

1. Amazon Web Services EMEA SARL — infrastructure hosting (eu-central-1, Frankfurt);
2. OpenAI Ireland Ltd. — LLM inference for text-query and structured-output generation (zero-retention API mode);
3. Stripe Payments Europe, Ltd. — payment processing;
4. such additional sub-processors as published at https://selvyo.io/subprocessors.

Selvyo shall notify the Client of intended changes to the sub-processor list with at least thirty (30) days' prior notice in accordance with the DPA.

9.7 International Transfers. Personal Data may be transferred outside the EEA only where (i) an adequacy decision under Article 45 GDPR applies; (ii) Standard Contractual Clauses (Decision 2021/914) have been implemented; or (iii) another transfer mechanism under Chapter V GDPR applies. Details are set out in the DPA.

9.8 DPA and Privacy Policy. The DPA is incorporated by reference and forms an integral part of this Agreement. The Privacy Policy, available at https://selvyo.io/privacy, governs Selvyo's processing of Personal Data of website visitors and account administrators (as Controller in those contexts).

9.9 Security Measures. Selvyo implements technical and organizational measures meeting industry standards, including SOC 2 Type II, ISO 27001 certified controls, and HIPAA-aligned controls (HIPAA certification in progress). Details are set out in Annex II of the DPA.

9.10 Client Obligations. The Client warrants that it has all necessary legal bases (consent under Article 6 GDPR, transparency under Articles 13–14 GDPR, and where applicable Article 9 conditions for special-category data) to transmit End User data to the API. The Client shall implement appropriate information notices, age-gating, and consent flows in the Client Application.

10. Intellectual Property

10.1 Selvyo IP. As between the Parties, Selvyo exclusively owns all right, title, and interest, including all intellectual property rights, in and to:

1. the API, SDK, and all related software, source code, object code, and binaries;
2. the AI Models, training data, model weights, embeddings, and inference algorithms (excluding any third-party LLM components owned by the LLM Sub-Processor, which are owned by the LLM Sub-Processor);
3. the nutrient database, food taxonomy, ontology, and associated curation work;
4. the Documentation, dashboards, and any other materials made available by Selvyo;
5. the "Selvyo", "Selvyo.io" names, logos, trademarks, service marks, and trade dress; and
6. any improvements, derivatives, modifications, enhancements, or new versions of the foregoing, whether or not developed in connection with Feedback under Section 10.3.

10.2 Client IP. As between the Parties, the Client retains all right, title, and interest in and to (i) the Client Application (excluding the embedded SDK and Output); (ii) the Client's End User data and content; and (iii) the Client's trademarks and branding.

10.3 Feedback License. If the Client or its Representatives provide any feedback, comments, suggestions, bug reports, feature requests, or other input regarding the Services ("Feedback"), the Client hereby grants to Selvyo a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, prepare derivative works of, distribute, publicly perform, publicly display, and otherwise exploit such Feedback for any purpose, without compensation, attribution, or further obligation to the Client. The Client warrants that it has the right to grant this license.

10.4 Attribution.

1. Demo Plan. The Client Application (in evaluation builds) shall display a visible attribution "Powered by Selvyo.io" in a reasonable location (e.g., About screen or splash screen).
2. Starter, Growth, Pro, and Enterprise Plans. No attribution is required. The Client may, but is not obliged to, display "Powered by Selvyo.io". Optional attribution guidelines and approved logos are provided in the Documentation.

10.5 Marketing References. Selvyo may identify the Client (name, logo) as a customer in its marketing materials, customer lists, and case studies, subject to the Client's reasonable trademark-use guidelines. The Client may opt out by written notice at any time.

11. Confidentiality

11.1 Definition. "Confidential Information" means all non-public information disclosed by one Party ("Disclosing Party") to the other ("Receiving Party"), whether orally, in writing, or in any other tangible or intangible form, that is marked or identified as confidential or that a reasonable person would understand to be confidential under the circumstances. Without limitation, Confidential Information includes:

1. Selvyo's: API Credentials, source code, AI Model architecture and weights, training data, nutrient database, Documentation marked confidential, Enterprise pricing, security measures, technical roadmap, and business plans;
2. Client's: Client Application source code, business plans, customer lists, and End User data (subject also to the DPA);
3. the terms and existence of any Enterprise Plan pricing or MSA;
4. any information exchanged in support tickets or technical communications that is reasonably understood to be confidential.

11.2 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate: (i) was in its lawful possession without confidentiality obligation prior to disclosure; (ii) is or becomes publicly available through no breach by the Receiving Party; (iii) is independently developed without use of or reference to the Disclosing Party's Confidential Information; or (iv) is lawfully obtained from a third party without confidentiality obligation.

11.3 Obligations. The Receiving Party shall:

1. use Confidential Information solely to exercise its rights and perform its obligations under this Agreement;
2. protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of like importance, and in no event less than a reasonable degree of care;
3. limit disclosure to Authorized Personnel with a need to know who are bound by written confidentiality obligations no less protective than those herein; and
4. not disclose Confidential Information to any third party without the Disclosing Party's prior written consent.

11.4 Compelled Disclosure. Where the Receiving Party is compelled by law or order of a competent authority to disclose Confidential Information, it shall (where lawfully permitted) provide prompt prior written notice to the Disclosing Party to enable it to seek protective relief, and shall disclose only the minimum required.

11.5 Term of Obligation. Confidentiality obligations under this Section 11 shall remain in effect during the Term and for three (3) years following termination or expiry of this Agreement, except that obligations with respect to trade secrets (including the AI Models, training data, and source code) shall continue indefinitely, for as long as such information qualifies as a trade secret under applicable law.

11.6 Return or Destruction. Upon termination, the Receiving Party shall return or, at the Disclosing Party's election, securely destroy all Confidential Information in its possession, except for one (1) archival copy retained for legal compliance purposes.

12. Warranties & Disclaimers

12.1 Mutual Warranties. Each Party represents and warrants that (i) it has full power and authority to enter into this Agreement; (ii) its acceptance and performance does not violate any other agreement; and (iii) it will comply with all applicable laws in performing its obligations.

12.2 Limited Service Warranty (Paid Plans). Selvyo warrants that, during the Term, the Services shall be provided in a professional and workmanlike manner consistent with generally accepted industry standards. The Client's sole remedy for breach of this warranty is Selvyo's commercially reasonable efforts to re-perform the affected Services and, failing that, the Service Credits and termination rights set out herein.

12.3 Disclaimer of Other Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12.2, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITAVISION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

12.4 Specific AI Disclaimers. Without limiting the generality of Section 12.3, the Client expressly acknowledges and agrees that:

1. Food recognition is probabilistic. The Output is generated by AI Models that produce statistical estimates. Selvyo does not guarantee that the identification of food items, portion sizes, ingredients, or nutrient values is accurate, complete, or suitable for any particular purpose.
2. Nutrient values are estimates. Nutrient data is derived from public and licensed databases that may contain errors, omissions, or outdated entries. Actual nutrient content of any food item may differ significantly.
3. NOT A MEDICAL DEVICE. The Services are not a medical device. The Services are not intended for, and shall not be used for, the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition, nor for any clinical, therapeutic, dietetic-prescription, or life-sustaining purpose. The Services are not certified under Regulation (EU) 2017/745 (MDR), the US FDA's medical device framework, or analogous regulatory regimes. The Client shall ensure that End User interfaces include prominent disclaimers to this effect.
4. Not a substitute for professional advice. Output does not constitute medical, nutritional, dietetic, or other professional advice.
5. Allergen and dietary information not guaranteed. The Output may omit or misidentify allergens, religious-dietary indicators, or other safety-critical attributes. Reliance on the Output for allergy-management, religious-observance, or other safety-critical purposes is at the Client's and End User's sole risk.

12.5 Demo Plan. THE DEMO PLAN IS PROVIDED ENTIRELY "AS IS" WITHOUT ANY WARRANTY, SLA, INDEMNITY, OR SUPPORT. The disclaimers in this Section 12 apply to the Demo Plan to the fullest extent permitted by law.

13. Limitation of Liability

13.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE FEES PAID BY THE CLIENT TO VITAVISION DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Demo Plan Cap. For the Demo Plan, where no Fees have been paid, Selvyo's total aggregate liability shall be limited to one hundred US Dollars (USD 100), to the extent permitted by law.

13.4 Exceptions to Limitations. The exclusions and limitations in Sections 13.1 and 13.2 shall not apply to:

1. liability for death or personal injury caused by a Party's negligence;
2. liability for fraud, fraudulent misrepresentation, wilful misconduct, or gross negligence (Polish: wina umyślna or rażące niedbalstwo);
3. the Client's payment obligations under Section 7;
4. the Client's indemnification obligations under Section 14;
5. breach of Section 4 (Prohibited Uses), Section 10 (Intellectual Property), or Section 11 (Confidentiality); or
6. any liability that cannot be excluded or limited under applicable mandatory law.

13.5 Allocation of Risk. The Parties acknowledge that the Fees reflect the allocation of risk set out in this Section 13 and that this allocation is an essential element of the bargain. The limitations apply notwithstanding the failure of essential purpose of any limited remedy.

14. Indemnification

14.1 By the Client. The Client shall defend, indemnify, and hold harmless Selvyo, its affiliates, and their respective officers, directors, employees, and agents (the "Selvyo Indemnitees") from and against any and all third-party claims, actions, proceedings, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. the Client's misuse of the Services, including any breach of Section 4 (Prohibited Uses);
2. the Client Application, including any claims that it infringes intellectual property rights, violates privacy or publicity rights, or is defamatory or otherwise unlawful;
3. the Client's violation of GDPR or other data-protection law, including any failure to obtain valid legal basis for the processing of End User Personal Data, or any failure to provide required notices to End Users;
4. any claim by an End User against Selvyo arising from the Client Application or the Client's relationship with the End User, including claims relating to the accuracy of the Output, allergens, dietary suitability, or alleged medical harm;
5. the Client's violation of applicable law or regulation; or
6. any data uploaded or transmitted by the Client or its End Users to the Services that is unlawful, infringing, or otherwise breaches this Agreement.

14.2 By Selvyo (IP Infringement). Selvyo shall defend the Client against any third-party claim alleging that the Services, as provided by Selvyo and used in accordance with this Agreement, infringe a third party's intellectual property right enforceable in the EU, and shall indemnify the Client for damages finally awarded against the Client (or paid in settlement approved by Selvyo). Selvyo's obligation under this Section 14.2 is conditional on the Client (i) giving prompt written notice of the claim; (ii) granting Selvyo sole control of the defense and settlement; and (iii) providing reasonable cooperation at Selvyo's expense.

14.3 Exclusions to Selvyo's Indemnity. Selvyo shall have no obligation under Section 14.2 to the extent the claim arises from:

1. modification of the Services by anyone other than Selvyo;
2. combination of the Services with materials not provided by Selvyo;
3. use of the Services in violation of this Agreement or the Documentation;
4. use of a version of the API or SDK that has been deprecated where a non-infringing version was made available; or
5. the Client's continued use after notice of alleged infringement.

14.4 Selvyo's Mitigation Options. Upon a claim under Section 14.2, Selvyo may, at its option and expense: (i) procure for the Client the right to continue using the affected Services; (ii) modify the affected Services to make them non-infringing; or (iii) terminate the affected Services and refund any prepaid Fees pro rata. Sections 14.2 and 14.4 state Selvyo's sole liability and the Client's exclusive remedy for IP infringement.

14.5 Procedure. The indemnified Party shall (i) give prompt written notice of any claim; (ii) grant the indemnifying Party sole control over the defense and settlement (provided that no settlement requiring an admission of liability or payment by the indemnified Party may be made without its consent, not unreasonably withheld); and (iii) provide reasonable cooperation at the indemnifying Party's expense.

15. Term & Termination

15.1 Term. This Agreement commences on the date the Client first accepts these Terms (the "Effective Date") or registers for an account, whichever is earlier, and continues until terminated in accordance with this Section 15 (the "Term").

15.2 Auto-Renewal. Paid Plan subscriptions automatically renew at the end of each billing cycle (monthly or annually, as elected) for successive periods of equal duration, unless either Party gives written notice of non-renewal at least thirty (30) days before the end of the then-current cycle, or unless terminated earlier under this Section 15. The Demo Plan does not auto-renew; it expires automatically at the end of the 14-day evaluation period or upon exhaustion of the 100-Request cap, whichever is earlier.

15.3 Termination for Convenience by Client. The Client may terminate this Agreement at any time by giving thirty (30) days' prior written notice via email to sergiydf2025@gmail.com or via the dashboard. Termination takes effect at the end of the then-current billing cycle, and prepaid Fees are non-refundable.

15.4 Termination for Cause by Selvyo.

1. Material Breach — Cure Period. Selvyo may terminate this Agreement by giving thirty (30) days' prior written notice specifying the breach. If the Client cures the breach within thirty (30) days, the notice is rescinded.
2. Immediate Termination. Notwithstanding sub-section (a), Selvyo may suspend or terminate this Agreement with immediate effect, without cure period, upon written notice (which may be by email), where:
   1. the Client breaches Section 4 (Prohibited Uses), Section 5 (Credentials/Security), Section 10 (IP), or Section 11 (Confidentiality);
   2. Fees remain unpaid more than thirty (30) days past due;
   3. the Client becomes insolvent, files for bankruptcy, makes a general assignment for the benefit of creditors, or has a receiver appointed;
   4. continued provision of the Services would, in Selvyo's reasonable judgment, expose it to legal liability, regulatory sanction, or material security risk;
   5. the Client is found on a sanctions list (EU, OFAC, UN) or is otherwise subject to trade restrictions; or
   6. any law, regulation, or order of a competent authority requires Selvyo to cease providing the Services to the Client.

15.5 Suspension Pending Investigation. Selvyo may suspend access to the Services pending investigation of a suspected breach. Such suspension shall not, by itself, constitute termination, and the Client shall remain liable for Fees during the suspension period.

15.6 Effects of Termination. Upon termination:

1. all licenses granted to the Client cease immediately;
2. Selvyo shall revoke the Client's Credentials within a reasonable time;
3. the Client shall promptly cease all use of the Services, delete the SDK from its codebase and remove it from future Client Application releases, and, at Selvyo's written request, certify such deletion;
4. the Client may export its usage data and account information via the dashboard for a period of thirty (30) days following termination; thereafter, Selvyo may delete such data, subject to retention required for legal compliance and to the DPA;
5. any cached Output and any retained Confidential Information shall be deleted in accordance with Section 11.6; and
6. all accrued but unpaid Fees become immediately due and payable.

15.7 Survival. The following Sections survive termination: 1 (Definitions), 4 (to the extent of restrictions on use of materials retained), 7.6–7.10 (Payment provisions to the extent of unpaid Fees), 9.4–9.5 (Data deletion and no-training), 10 (IP), 11 (Confidentiality), 12.3–12.5 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15.6 (Effects), 15.7 (Survival), 16.4 (right to terminate on material change), and 17 (General Provisions).

16. Modifications to Terms

16.1 Right to Modify. Selvyo may modify this Agreement, Schedule A (Pricing & Plans), and the SLA from time to time. Material changes shall not take effect for the Client until at least thirty (30) days after notice is given.

16.2 Notice. Selvyo shall notify the Client of changes by: (i) email to the administrator email address on file; and (ii) a banner or in-product notice on the dashboard and at https://selvyo.io. The "Last Updated" date at the top of this Agreement shall be revised.

16.3 Acceptance. Continued use of the Services after the effective date of the revised Agreement constitutes acceptance of the changes.

16.4 Right to Reject Material Changes. If any change is materially adverse to the Client, the Client may, within thirty (30) days of the notice, terminate this Agreement without penalty by giving written notice to sergiydf2025@gmail.com. In such case, Selvyo shall refund a pro-rata portion of any prepaid Fees for periods following the effective date of termination. Continued use beyond the thirty-day period constitutes acceptance.

16.5 Non-Material Changes. Changes that are administrative, clarifying, beneficial to the Client, or required by law may take effect immediately upon notice.

17. General Provisions

17.1 Entire Agreement. This Agreement, together with the DPA, the Privacy Policy, Schedule A, any Order Form or MSA, and any other documents expressly incorporated by reference, constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. In case of conflict, the order of precedence is: (1) MSA (if any), (2) Order Form, (3) DPA, (4) this Agreement, (5) Privacy Policy, (6) Documentation.

17.2 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be reformed to the minimum extent necessary to make it valid and enforceable while preserving its intent, and the remaining provisions shall remain in full force and effect.

17.3 Waiver. No failure or delay by a Party in exercising any right under this Agreement shall constitute a waiver thereof. Any waiver must be in writing and signed by the waiving Party, and shall not constitute a waiver of any subsequent default.

17.4 Independent Contractors. The Parties are independent contractors. Nothing in this Agreement creates an agency, partnership, joint venture, franchise, or employment relationship.

17.5 Force Majeure. Neither Party shall be liable for any failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including: acts of God; natural disasters; war, terrorism, insurrection, or riot; pandemic or epidemic; governmental action, embargo, or sanctions; labor disputes; cyberattacks (including denial-of-service attacks, ransomware) not caused by the Party's negligence; failures of public utilities or telecommunications networks; failures of upstream cloud-infrastructure providers including AWS, or of the LLM Sub-Processor OpenAI; and changes in law that materially impair the affected obligations. The affected Party shall promptly notify the other and use commercially reasonable efforts to mitigate. If the force-majeure event continues for more than sixty (60) days, either Party may terminate by written notice.

17.6 Assignment. The Client may not assign, transfer, delegate, or otherwise dispose of this Agreement, in whole or in part, whether voluntarily, by operation of law, or otherwise, without Selvyo's prior written consent. Any purported assignment in violation hereof is void. Selvyo may assign this Agreement (i) to an affiliate; (ii) in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets; or (iii) with the Client's consent, not unreasonably withheld. This Agreement is binding upon and inures to the benefit of the Parties' permitted successors and assigns.

17.7 Notices.

1. Notices to Selvyo shall be sent by email to sergiydf2025@gmail.com, with a copy by registered mail to the registered office address (ul. Złota 75A, lok. 7, 00-819 Warsaw, Poland).
2. Notices to the Client shall be sent by email to the administrator email address on file, which the Client warrants is monitored and current.
3. Notices are deemed received: by email, on the date sent (provided no bounce-back is received); by registered mail, on the date of confirmed delivery.
4. The Parties agree that email communication to the addresses above constitutes legally significant written notice within the meaning of Article 61 §2 of the Polish Civil Code.

17.8 Governing Law. This Agreement, and any non-contractual obligations arising out of or relating to it, are governed by, and construed in accordance with, the laws of the Republic of Poland, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

17.9 Dispute Resolution.

1. Good-Faith Negotiation. The Parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiations between their senior representatives. A Party shall initiate negotiations by written notice describing the dispute. If the dispute is not resolved within thirty (30) days of such notice, either Party may proceed under (b).
2. Jurisdiction. The Parties irrevocably submit to the exclusive jurisdiction of the common courts of the Republic of Poland having jurisdiction over the seat of Selvyo, i.e., the competent court in Warsaw, for the resolution of any dispute not resolved under (a).
3. Injunctive Relief. Notwithstanding sub-section (a), either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information, without first complying with the negotiation procedure.

17.10 Language. The authoritative language of this Agreement is English. A Polish translation may be provided for convenience; in case of inconsistency, the English version shall prevail, except where a Polish version is required by mandatory Polish law (in which case the Polish version shall prevail to that limited extent).

17.11 Export and Sanctions Compliance. The Client warrants that it is not located in, organized under the laws of, or ordinarily resident in any country subject to comprehensive EU, UK, US, or UN sanctions, and is not on any restricted-party list. The Client shall not export, re-export, or make available the Services in violation of applicable export-control or sanctions laws.

17.12 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and does not create rights enforceable by any third party.

17.13 Counterparts and Electronic Signature. This Agreement may be executed in counterparts and by electronic means, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Acceptance via click-through, account registration, or first use of API Credentials constitutes valid execution.

17.14 Headings. Headings are for convenience only and do not affect interpretation.

Schedule A — Pricing & Plan Schedule

All prices in USD, billed monthly in advance (annual prepay available at a discount to be set by Selvyo and disclosed at the point of purchase).

Notes:

1. "1M Tokens" = one million Tokens, computed per the methodology published in the Documentation (input image tokens + input text tokens + output tokens).
2. Unused Tokens do not carry over between billing cycles.
3. End-User Seats are counted per distinct pseudonymous End-User identifier active in a calendar month.
4. Enterprise pricing above is a starting price; final pricing is set in the applicable Order Form or MSA.

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