Terms & Conditions
Effective Date: June 2025
Version: 1.0
Operator: datasol FlexCo
Product: VITAMARIE
Operator and Scope
This website, accessible under www.vitamarie.com, including all associated subpages, content, and services (hereinafter “Website”), as well as the associated mobile application (hereinafter “App”), is operated by:
datasol FlexCo
Kramergasse 9/8, 1010 Wien
+43 1 412 00 21
FN 628922k | ATU80723503
The following Terms & Conditions (hereinafter “T&C”) apply to all legal relationships established between you as the user of the Website or App (hereinafter “User”) and datasol FlexCo (hereinafter “Provider” or “we”) through the use of our services under the product name VITAMARIE.
Subject of the Agreement
The VITAMARIE platform provides digital health and wellness services, with a primary focus on personalized cycle tracking, AI-based nutrition, fitness, and mental health support. The services are provided for informational and lifestyle purposes only and do not constitute medical advice, diagnostics, or treatment within the meaning of the Austrian Medical Act (ÄrzteG).
The User acknowledges that the use of the services is at their own risk and that professional medical consultation should be sought before making any health-related decisions.
Contract Formation
Use of certain features (especially those requiring account registration or involving subscription payments) presupposes the conclusion of a contractual relationship between the User and the Provider. The contract is formed upon successful registration or payment and is governed by these T&C.
Eligibility and User Obligations
Use of VITAMARIE is restricted to persons who have reached the age of 16. For minors under 18, legal guardians are responsible for monitoring and approving use. Users undertake:
to provide truthful, accurate and complete information during registration,
to keep their login credentials secure and confidential,
to notify the Provider immediately in case of misuse or loss of credentials.
Users are prohibited from:
using the services for unlawful, offensive or abusive purposes,
interfering with the technical operation of the service,
extracting, duplicating or using any content beyond the licensed scope.
Services and Availability
The Provider endeavors to ensure uninterrupted availability of the Website and App, but reserves the right to perform maintenance, updates, or discontinue parts of the offering without prior notice. No guarantee is given for permanent availability or error-free functionality.
The scope of services may include both free and paid components. Descriptions of functionalities and service levels are non-binding unless expressly stated as guaranteed.
Subscription, Pricing, and Right of Withdrawal
Paid Subscriptions
Certain functionalities are only available through paid subscriptions. Prices are shown inclusive of VAT where applicable. The contract is formed upon confirmation of payment, and invoices are issued electronically.
Automatic Renewal
Unless otherwise stated, subscriptions are automatically renewed at the end of the billing period unless cancelled by the User before renewal.
Right of Withdrawal (Consumers only)
In accordance with the Austrian Fern- und Auswärtsgeschäfte-Gesetz (FAGG), consumers have a 14-day right of withdrawal. If the digital service begins within this period and the User has expressly waived the right of withdrawal, the right lapses once the service has been fully provided.
A sample withdrawal form and full cancellation instructions are available can be required via e-mail: office@datasol.ai.
Intellectual Property and Licensing
All texts, software, interfaces, design elements, databases, images, and trademarks displayed on the Website and App are protected by copyright and ancillary copyright laws under Austrian and EU law.
Users receive a non-exclusive, non-transferable, and non-sublicensable right to use the platform’s content for private, non-commercial purposes. Any further use (especially reproduction, distribution, modification, reverse engineering) is strictly prohibited without prior written consent.
Liability and Warranty Disclaimer
The Provider shall be liable only for damages resulting from intent or gross negligence. In the case of slight negligence, liability shall be limited to breaches of essential contractual obligations and to foreseeable, typically occurring damage. Liability for consequential damages, loss of profit, loss of data or indirect damage is excluded to the extent permitted by law.
The Provider does not guarantee that the information provided is medically correct or individually suitable. Users are advised to consult medical professionals regarding health-related matters.
Data Protection and Cookies
All processing of personal data is carried out in compliance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Detailed information is available in our Privacy Policy.
The Website uses technically necessary and optional cookies. Users will be informed and can adjust their preferences via the cookie banner.
Termination of Use and Blocking
The Provider reserves the right to terminate User access or block individual accounts in cases of:
violation of these T&C,
illegal activity,
technical threats to the service infrastructure,
non-payment of subscription fees.
Termination shall not affect the Provider’s right to claim outstanding payments or damages.
Amendments to the Terms
The Provider reserves the right to modify these T&C at any time. Users will be notified in advance (via email or in-app) of changes that materially affect their rights. Continued use of the service after such notification constitutes acceptance.
Applicable Law and Jurisdiction
These Terms are governed by the substantive law of the Republic of Austria, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
For consumers residing in the EU, mandatory consumer protection provisions of the country of residence remain applicable.
Jurisdiction is vested in the courts of Vienna, unless the User is a consumer domiciled elsewhere in the EU.
Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR) under https://ec.europa.eu/consumers/odr.
The Provider is neither obliged nor willing to participate in a consumer arbitration proceeding under the Austrian Alternative Dispute Resolution Act (AStG).
Severability Clause
Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid clause shall be replaced by a valid provision that most closely approximates the economic purpose of the original.
Contact
datasol FlexCo
Kramergasse 9/8, 1010 Wien
+43 1 412 00 21
FN 628922k | ATU80723503