Terms and Conditions
Last updated: May 27, 2026
1. Who We Are
Thank you for using FormChase! FormChase is operated by:
COCOȘ DANIEL PERSOANĂ FIZICĂ AUTORIZATĂ
CUI: 54218790
Trade Register: F2026013034001
Email: contact@formchase.com
In these Terms, "FormChase," "we," "us," and "our" refer to this entity. "You" and "your" refer to you, the user.
These Terms govern your use of the FormChase mobile applications (iOS and Android), website, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and our Privacy Policy.
Both the English and Romanian versions of these Terms are authentic. If there is any inconsistency, the Romanian version prevails for users whose primary interface language is Romanian.
2. Definitions
In these Terms, the following capitalised terms have the meanings set out below. Other terms are used with their ordinary meaning. Where a term is defined for the purposes of a specific section only, that local definition prevails for that section.
- "Client" means a Trainee who has accepted an invitation from a Professional User through the Service; see Section 6.3.
- "DSA" means Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services (the Digital Services Act).
- "Force Majeure" has the meaning set out in Section 14.3.
- "FormChase" means COCOȘ DANIEL PERSOANĂ FIZICĂ AUTORIZATĂ (CUI 54218790, Trade Register F2026013034001), a Romanian sole proprietor (persoană fizică autorizată) operating the Service.
- "GDPR" means Regulation (EU) 2016/679 (the General Data Protection Regulation), together with Romanian Law no. 190/2018 implementing it.
- "Health Data" has the meaning set out in Article 9 of the GDPR.
- "Illegal Content" has the meaning set out in Section 9.4.
- "OUG 140/2021" means Romanian Government Emergency Ordinance no. 140/2021, transposing Directive (EU) 2019/770 on digital content and digital services.
- "Personal Data" has the meaning set out in Article 4(1) of the GDPR.
- "Privacy Policy" means the FormChase Privacy Policy available at formchase.com/en/privacy, which forms part of these Terms by reference.
- "Professional User" means a user who registers and uses the Service in a professional capacity (for example, a personal trainer, fitness coach, or nutritionist) to manage Clients and to create and assign workout programs and meal plans; see Section 6.2.
- "Public Contribution" means User Content you submit for inclusion in the Public Library; see Section 9.3.
- "Public Library" means the in-Service library of user-submitted foods, exercises, recipes, and similar content made available to other users.
- "Service" means the FormChase mobile applications (iOS and Android), the FormChase website, and the related online services operated by FormChase.
- "Trainee" means a user who uses the Service for their own fitness and nutrition tracking; this is the default role.
- "User Content" means any content you create, upload, or submit to the Service, including workout logs, meal logs, recipes, routines, notes, and photographs.
3. What FormChase Is, and What It Is Not
FormChase is NOT:
- a medical device or medical software;
- a source of medical, diagnostic, or therapeutic advice;
- a substitute for consultation with a physician, dietician, or other qualified health professional;
- a tool for managing medical conditions, allergies, or intolerances.
Calorie estimates, macro calculations, calorie-burn figures, and nutrition targets displayed in the Service are approximations based on general formulas and a food database that may contain errors. They are not personalised medical or nutritional advice. Individual results vary based on factors the Service cannot measure.
Some food data comes from Open Food Facts (an open-source food database), user submissions, or optical character recognition (OCR) of food labels. Entries may be incomplete, outdated, or inaccurate. Always check food labels directly if you have allergies, intolerances, or specific dietary requirements.
If you have a medical condition or are pregnant, consult a qualified professional before starting any fitness program or changing your diet based on information from the Service. The Service is not an emergency service and cannot detect or respond to medical emergencies; in a medical emergency or acute psychological distress, call 112 (the European emergency number, operating in Romania).
The Service is designed for general lifestyle fitness and nutrition tracking for healthy adults. It is not designed for the diagnosis, prevention or treatment of eating disorders, disordered exercise patterns, or other clinical conditions, and it is not intended for medical nutrition therapy (including diabetes management, oncology nutrition, renal diets, post-surgical recovery, or clinical eating-disorder treatment). In Romania, medical nutrition therapy may only be provided by licensed dieticians regulated under Law no. 256/2015 on the profession of dietician or by medical practitioners regulated under Law no. 95/2006 on healthcare reform. If you need medical nutrition therapy, or if you are experiencing distress around food, body image or exercise, consult a qualified health professional; do not rely on the Service or on any Professional User as a substitute.
Not a medical device under EU or Romanian law. The Service does not fall within the scope of Regulation (EU) 2017/745 on medical devices (MDR), as it does not have a medical purpose of diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease. The body-composition, calorie and activity figures it displays are wellness and fitness estimates for the user's own reference, not clinical measurements. Accordingly, the Service is not registered with the National Agency for Medicines and Medical Devices (Agenția Națională a Medicamentului și a Dispozitivelor Medicale din România, ANMDMR) and is not subject to the post-market surveillance, vigilance, or conformity-assessment obligations that apply to medical devices.
4. Eligibility
You must be at least 16 years old to use FormChase. This threshold reflects Article 6 of Romanian Law no. 190/2018 (implementing the GDPR), which sets 16 as the age at which a child can validly consent to information-society services in Romania.
If you are between 16 and 18, you confirm that a parent or legal guardian has reviewed these Terms and consents to your use of the Service. We may ask for verification.
By using the Service, you represent that you meet these requirements and that the information you provide is accurate.
5. Accounts
5.1 Creating an Account
To use most features, you need an account. You can sign up using:
- Email and password
- Apple Sign-In
- Google Sign-In
5.2 Your Responsibilities
You are responsible for keeping your login credentials secure and for all activity under your account. Notify us immediately at contact@formchase.com if you suspect unauthorised access.
5.3 Accuracy
You agree to provide accurate information when creating your account and to update it if it changes.
5.4 One Account Per Person
Each person may maintain one account. We may merge or remove duplicate accounts.
6. User Roles
6.1 Trainee / End User
The default role. You use the Service to track your own fitness and nutrition.
6.2 Professional User
If you register as a professional (e.g., personal trainer, nutritionist, fitness coach, or other specialist who works with clients), you can manage clients, create and assign workout programs and meal plans, and view client data that your clients have explicitly consented to share with you.
Professional users are independent practitioners. FormChase does not employ, endorse, certify, or verify the qualifications of any professional. You acknowledge that:
- (a) Qualifications. By registering as a Professional User, you warrant that you hold the valid, current qualifications required under Romanian law for the services you offer through the Service (for example, Law no. 256/2015 for dieticians, Law no. 95/2006 for medical practitioners, or ANC-recognised qualifications for fitness and sport instructors), that your registration is in good standing where required, and that you will suspend your Professional User activities within the Service if your qualification lapses, is suspended, or is withdrawn. You are solely responsible for the advice, programs and meal plans you provide. FormChase does not verify Professional User qualifications.
- (b) Client data access. You may access a Client's data only to the extent the Client has granted permission through the Service's consent controls. You must not attempt to circumvent these controls, and you must not use Client data for any purpose unrelated to the professional relationship, including marketing, sale or disclosure to third parties.
- (c) End of relationship. When a professional-client relationship ends within the Service, your access to that Client's data is revoked. You must delete any copies of Client data you hold outside the Service, unless you have an independent legal basis to retain it.
- (d) GDPR role. For the portion of Client data you access for your own professional practice, you act as an independent data controller. FormChase remains controller of the platform data and the technical means of access. The in-app consent controls, combined with any notice you give your Client under your own professional obligations, together fulfil the “essential arrangement” requirement of GDPR Article 26 where any element of joint control exists. You must provide your own privacy notice to your Clients for processing you perform outside the Service, and respond independently to any data-subject rights request your Client makes directly to you.
6.3 Clients of Professional Users
If you accept an invitation from a Professional User, you control what data the Professional User can see through the Service's consent settings (e.g., meal logs, workouts, measurements). You can change or revoke these permissions at any time in your account settings. Revoking access is effective immediately; it does not affect data the Professional User may have already viewed or noted outside the Service.
Verify your professional's credentials. FormChase is an administrative tool that connects you with professionals; it does not verify their qualifications, certifications, or legal status. Before relying on advice from a Professional User, we strongly recommend that you independently verify their credentials — for example, via the ONRC company registry for their legal entity, or via the relevant professional body (Colegiul Dieteticienilor pentru 256/2015 dietitians, Colegiul Medicilor for medical practitioners, ANC-accredited certification bodies for fitness instructors). If something the Professional User tells you contradicts guidance from your own doctor or dietitian, follow your doctor or dietitian.
Programs and meal plans assigned to you. Workout programs, meal plans, recipes and similar content that a Professional User creates and assigns to your account become part of your own User Content within the Service from the moment of assignment. You retain access to them for as long as they remain assigned to your account, even if the Professional User's own account is later closed or the professional relationship ends. Professional notes the Professional User records about you outside the assigned programs and plans remain their data, under their own control (see also the Privacy Policy, Section 4.10).
7. The Service
7.1 Core Features
FormChase provides:
- Workout logging and routine management
- Meal and nutrition tracking
- Body measurement recording
- Water intake tracking
- Food database search (including data from Open Food Facts and user contributions)
- Goal setting (calorie, macro, and weight targets)
- Progress statistics and personal records
7.2 Professional Features (Paid)
- Client management and invitations
- Workout program creation and assignment
- Meal plan creation and assignment
- Client progress monitoring (subject to client consent)
- Shareable meal plan links for non-app clients
7.3 Integrations
- Apple Health (optional): sync workouts, steps, active calories, body weight, and body fat percentage. Requires your explicit permission for each data type. You can disconnect at any time in Settings.
- Food barcode scanning and OCR label reading
7.4 Feature Changes
We may add, modify, or discontinue features. We will give reasonable advance notice for changes that materially reduce functionality available under your current subscription.
8. Subscriptions and Payments
8.1 Plans
FormChase offers:
- A free plan with core logging features
- Paid monthly subscriptions for personal use and professional coaching, purchased through the Apple App Store or Google Play
Prices are displayed in the Apple App Store or Google Play before purchase and may differ between platforms. Prices for Romanian users are in RON and, where VAT applies, are shown inclusive of VAT in accordance with OUG 34/2014 Article 6 and Romanian fiscal law. Apple and Google act as merchants of record and are responsible for collecting and remitting VAT on subscription purchases.
8.2 Free Trial
Both trainee and professional subscribers may be offered a store-managed 30-day free trial when subscribing for the first time. Trial users receive paid feature access during the trial, but no subscription fee is charged for the trial period itself. At the end of the trial, your subscription automatically converts to the paid plan you selected, at the renewal price shown when you started the trial, unless you cancel before the trial ends.
To cancel during a trial:
- iOS: Settings → Apple ID → Subscriptions → FormChase → Cancel
- Android: Google Play → Subscriptions → FormChase → Cancel
Deleting the app does NOT cancel your subscription or trial.
8.3 Billing
All payments are processed exclusively by the platform through which you subscribe. FormChase does not process, collect, or store any payment information.
- iOS purchases: billed and managed by Apple through App Store billing. Your payment relationship is with Apple.
- Android purchases: billed and managed by Google through Google Play billing. Your payment relationship is with Google.
By subscribing, you also agree to the billing terms of the platform you use (Apple Media Services Terms and Conditions or Google Play Terms of Service, as applicable). For billing disputes, receipts, or refund requests, contact the platform through which you purchased. The receipt that Apple or Google sends to you by email immediately after purchase constitutes confirmation of the contract on a durable medium, in accordance with Article 8 of OUG 34/2014.
8.4 Auto-Renewal
Paid subscriptions renew automatically at the end of each monthly billing period unless you cancel before the renewal date. The renewal charge is at the then-current price for your plan.
8.5 Cancellation
You can cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until then.
To avoid the next charge, cancel at least 24 hours before the renewal date in your App Store / Play Store account — this window is imposed by Apple's and Google's own processing policies and we cannot override it because we are not the merchant of record. If you cancel inside that window and a renewal still posts, request a refund directly from the store.
To cancel:
- iOS: through Apple subscription management (Settings → Apple ID → Subscriptions)
- Android: through Google Play subscription management
If the store shows an active subscription but FormChase access does not match, contact us at contact@formchase.com so we can investigate the access issue.
8.6 Plan Changes
We offer multiple paid monthly plans. You may switch between available plans through the App Store or Google Play flow; the platform determines whether the change applies immediately, at renewal, or with any platform-side proration.
8.7 Price Changes
We may change subscription prices with at least 30 days' advance notice. Price changes apply only to future billing periods. If you do not agree with a price change, you may cancel before the new price takes effect.
8.8 Right of Withdrawal
Statutory right. If you are a consumer in the EU, under OUG 34/2014 and Directive 2011/83/EU you generally have a 14-day right of withdrawal from a distance contract. Because the Service is a digital service that begins immediately upon purchase, we ask for your express consent to start performance right away, and you acknowledge that, under Article 16(m) of OUG 34/2014, you lose this statutory 14-day withdrawal right for the portion of the Service you have already used once performance begins with your consent.
Store-managed trial instead of a separate FormChase refund promise. Eligible first-time subscribers may receive a 30-day free trial before the first paid renewal. After a paid charge posts, refund eligibility and processing are handled by Apple or Google as the merchant of record. FormChase cannot directly issue, approve, or guarantee App Store or Google Play refunds or invoices. This does not affect any non-waivable consumer rights you hold under Romanian or EU law.
Model withdrawal form. For completeness, and to satisfy Annex 2 of OUG 34/2014, the standard withdrawal form is reproduced below. In practice, the fastest way to exercise withdrawal for an App Store or Google Play purchase is through the platform's own refund interface; we accept this form by email at contact@formchase.com as an equivalent notification of your intent to withdraw, but the store remains responsible for any platform refund decision and payment reversal.
To: COCOȘ DANIEL PERSOANĂ FIZICĂ AUTORIZATĂ, CUI 54218790, Trade Register F2026013034001, email contact@formchase.com.
I hereby give notice that I withdraw from my contract for the supply of the following service: FormChase monthly Subscription.
Ordered on: [date]
Name of consumer(s): [name]
Address of consumer(s): [address]
Signature of consumer(s) (only if this form is notified on paper): [signature]
Date: [date]
8.9 Refunds
Refund eligibility depends on the billing platform:
- App Store purchases: contact Apple Support
- Google Play purchases: contact Google Play Support
For detailed billing guidance, see our Billing and Refunds page.
9. User Content
9.1 Ownership
You own the content you create in FormChase, including your workout logs, meal logs, recipes, routines, and notes.
9.2 License to Us
By using the Service, you grant FormChase a non-exclusive, royalty-free license to store, process, display, and transmit your content as necessary to provide and improve the Service for you. This license ends when you delete your content or your account (subject to Section 16 on data retention and legal obligations).
9.3 Public Contributions
Licence to us. If you submit content for the public library (such as food entries, exercises, or recipes marked as public), you grant FormChase an additional worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, lightly edit (for accuracy, formatting, translation or clarity), and make that content available to other users of the Service. This licence covers the creative expression in your submission (prose, photographs, instructional text); it does not extend to any of your other works outside the submission.
Rights other users receive. Other users of the Service receive only the right to view your public contribution within the Service, save it to their own plans or logs, cook or train from it, and record their own use of it. They receive no ownership, no right to republish outside the Service, no right to commercial exploitation, and no right to systematically extract or bulk-download the public library (see also Section 11).
After account deletion. Because other users may have saved, modified or relied on your public contributions, those contributions remain in the public library after you delete your account, in anonymised form (without attribution to you and without a link to your profile), unless you have expressly opted in to perpetual attribution. You may request removal at any time by contacting us at contact@formchase.com; we will remove where technically feasible and where removal will not corrupt other users' saved plans or logs that depend on the content, and will at minimum anonymise the contribution. Your moral rights under Romanian Law no. 8/1996 on author's rights (including dreptul la paternitate and the right to the integrity of the work) are preserved; anonymisation is a display choice, not a waiver of those rights.
Infringement notices. If you believe a public contribution infringes your copyright, trademark, or other intellectual property or personality rights, contact us at contact@formchase.com with (a) a description of the allegedly infringing content, (b) the URL or in-app location, (c) proof of your rights, and (d) your contact details. We will review promptly and remove or restrict access to content that appears to infringe.
9.4 Content Rules and Illegal Content
You agree not to upload or share content that:
- is illegal, harmful, threatening, abusive, defamatory, or obscene;
- infringes the intellectual property or privacy rights of others;
- contains viruses, malware, or other harmful code;
- is deliberately inaccurate (e.g., fake food entries with incorrect nutritional data);
- impersonates another person or misrepresents your identity;
- promotes dangerous dieting practices, eating disorders, or self-harm;
- depicts or promotes child sexual abuse, terrorism, incitement to violence or hatred, or other serious criminal conduct.
For the purposes of these Terms and of the DSA (see Section 2), "illegal content" means any information that, in itself or by its reference to an activity, is not in compliance with Romanian or EU law, regardless of the precise subject matter or nature of that law. The reporting procedure is in Section 9.6.
9.5 Moderation
We may (but are not obligated to) review, approve, edit, or remove user-submitted content, particularly content submitted for the public food or exercise library. We reserve the right to remove any content that violates these Terms or that we reasonably believe is inaccurate or harmful, with or without notice.
9.6 Reporting Illegal Content and Statements of Reasons (DSA)
9.6.1 Notice-and-Action Mechanism (DSA Article 16)
If you consider content in the Service to be illegal (as defined in Section 9.4), you may notify us using the notice-and-action mechanism required by Article 16 of the Digital Services Act. Send a notice to contact@formchase.com containing:
- a sufficiently reasoned explanation of why you consider the content to be illegal, including reference to the applicable law where possible;
- a clear indication of the exact in-app or electronic location of the content (screen name, URL, identifier);
- your name and email address — except where the content concerns offences referred to in Articles 3 to 7 of Directive 2011/93/EU (sexual abuse or sexual exploitation of children and child pornography), in which case you may submit the notice anonymously;
- a statement confirming your good-faith belief that the information and allegations in the notice are accurate and complete.
For notices that specifically concern intellectual property rights, the additional evidence requirements set out in the "Infringement notices" paragraph of Section 9.3 also apply.
9.6.2 How We Handle Notices
We will process notices in a timely, diligent, non-arbitrary and objective manner. Where we have the notifier's contact details, we will confirm receipt without undue delay and inform the notifier of our decision. We may, in response to a notice or on our own initiative, remove the content, restrict its visibility, demote it, suspend it, or suspend or terminate the account of the submitting user, where the content is illegal or otherwise breaches these Terms.
9.6.3 Statement of Reasons (DSA Article 17)
If we remove, restrict, demote, suspend or terminate access to any content you have submitted, we will provide you with a clear and specific statement of reasons as required by Article 17 of the Digital Services Act, including:
- the nature of the restriction (removal, visibility restriction, demotion, monetary demotion, suspension, termination);
- the facts and circumstances we relied on, and whether the decision was prompted by a notice under Section 9.6.1, by a legal order, or by our own detection;
- where applicable, whether automated means were used in detecting or deciding on the content;
- reference to the legal ground relied on (where the content is illegal) or to the clause of these Terms that was breached;
- the territorial scope and duration of the restriction;
- information on your options for redress: you may reply to the decision by contacting us at contact@formchase.com, seek judicial redress before the competent Romanian courts in accordance with Section 18, and/or submit a complaint about our compliance with the Digital Services Act to the Romanian Digital Services Coordinator (ANCOM — Autoritatea Națională pentru Administrare și Reglementare în Comunicații, ancom.ro).
Because FormChase is operated by a sole proprietor (persoană fizică autorizată) falling below the size thresholds (staff headcount, turnover, balance-sheet total) set out in Commission Recommendation 2003/361/EC for micro and small enterprises — EU-level criteria based on size rather than on legal form, distinct from the Romanian fiscal regime for "microîntreprinderi" under the Romanian Fiscal Code — we are exempt under Article 19 DSA from the additional online-platform obligations in Articles 20 to 24 of the Digital Services Act (including the obligation to operate a formal internal complaint-handling system and to engage certified out-of-court dispute-settlement bodies). We may still review your content decisions on request as a matter of good practice.
9.6.4 Suspicion of Serious Offences (DSA Article 18)
Where we become aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has been, is being, or is likely to be committed, we will promptly inform the competent Romanian law-enforcement or judicial authorities, as required by Article 18 of the Digital Services Act, providing all relevant information available to us.
10. Intellectual Property
10.1 Our Rights
The Service, including its design, code, branding, system-generated exercise database, and documentation, is owned by COCOȘ DANIEL PERSOANĂ FIZICĂ AUTORIZATĂ and protected by copyright and other intellectual property laws.
10.2 Your License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal fitness and nutrition tracking, or for your professional practice if you are a Professional User.
10.3 Restrictions
You may not:
- copy, modify, or create derivative works of the Service;
- reverse-engineer, decompile, or disassemble the application;
- scrape, crawl, or systematically extract data from the Service;
- sublicense, rent, or commercially exploit the Service;
- use the Service to build a competing product.
10.4 Open Food Facts
Some food data in the Service comes from Open Food Facts, available under the Open Database License (ODbL). This data is attributed accordingly within the Service.
10.5 Feedback
If you provide us with suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, royalty-free right to use that feedback to improve the Service without obligation to you.
11. Acceptable Use
You agree to use the Service lawfully and in accordance with these Terms. You must not:
- violate any applicable law or regulation;
- interfere with the Service's operation or security;
- attempt to access other users' accounts or data;
- use automated means (bots, scrapers) to access the Service without permission;
- harass, abuse, threaten, or harm other users;
- submit fraudulent billing information or abuse promotional offers;
- use the Service to provide unlicensed medical, nutritional, or therapeutic advice (see Section 3).
Violation of these rules may result in suspension or termination of your account.
12. App Store Terms
These Terms are between you and COCOȘ DANIEL PERSOANĂ FIZICĂ AUTORIZATĂ, not with Apple Inc. or Google LLC. Apple and Google are not parties to these Terms and are not responsible for the Service or its content.
If you downloaded the Service from the Apple App Store, the following additional terms apply:
- Apple has no obligation to provide any maintenance or support for the Service. You may contact us for support at contact@formchase.com.
- In the event of any failure of the Service to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
- Apple is not responsible for any claims relating to the Service, including product liability, consumer protection, regulatory compliance, or any claim that the Service does not conform to any applicable legal or regulatory requirement.
- If any third party claims that the Service, or your possession and use of the Service, infringes that third party's intellectual property rights, we (not Apple) are solely responsible for the investigation, defence, settlement and discharge of any such claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13. Third-Party Services
The Service integrates with third-party services including Apple Health, Open Food Facts, and payment processors (Apple, Google). Your use of these services is governed by their own terms and privacy policies. FormChase is not responsible for the availability, accuracy, or practices of third-party services.
14. Service Availability, Data Integrity, and Force Majeure
14.1 Availability
We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. Availability may be affected by:
- scheduled maintenance (we will try to give advance notice);
- third-party service outages (payment processors, cloud providers, App Store, Google Play);
- network or device issues;
- security incidents.
If a prolonged outage materially affects your paid subscription, contact us and we will review the situation, including potential credit or extension of your billing period.
14.2 Data Integrity and Backups
We take commercially reasonable technical and organisational measures to protect your User Content against accidental loss, corruption or destruction, including redundant storage, automated backups, access controls, and encryption in transit and at rest. These measures are described further in our Privacy Policy, Section 8.
No storage system is perfectly reliable, and we do not guarantee that User Content will never be lost or corrupted. We strongly encourage you to use the data-export tool (Settings → Privacy & Data → Export My Data) periodically to keep your own local copy of your content.
If, during a paid subscription, a bug, outage or storage failure causes loss or corruption of your User Content, your rights under OUG nr. 140/2021 (transposing Directive (EU) 2019/770 on digital content and digital services) apply. In particular:
- we will first attempt, without undue delay and at no cost to you, to bring the Service into conformity (for example, by restoring the lost data from backups);
- if restoration is not feasible within a reasonable period, or cannot be completed without significant inconvenience to you, you are entitled to a proportional price reduction or to terminate the affected subscription with a pro-rata refund of the unused portion;
- damages may be claimed under general Romanian civil law where applicable, subject to Sections 15.1, 15.3 and 15.4 below.
14.3 Force Majeure
Neither party is liable for failure or delay in performing an obligation under these Terms where performance is prevented or delayed by an event outside the affected party's reasonable control (including natural disasters, war, civil unrest, government action, pandemic, strikes, cyber-attacks, failures of the public internet, or failures of third-party infrastructure on which the Service depends). The affected party will notify the other as soon as reasonably practical and will resume performance when the event ends. If such an event materially prevents us from delivering a paid Subscription for more than sixty (60) consecutive days, either party may terminate the affected Subscription for the unused period and we will refund the pro-rata unused portion. Force majeure does not excuse amounts already due and does not suspend our obligations under Section 14.2.
15. Limitation of Liability
15.1 Liability Cap
To the maximum extent permitted by applicable law (including mandatory EU consumer protection rules that cannot be excluded by contract):
- (a) Our total liability to you for any claims arising from or related to the Service is limited to the amount you paid us in the 12 months before the claim arose, or €100, whichever is greater.
- (b) Subject to Sections 14.2, 15.3 and 15.4 and to applicable consumer-protection law, we are not liable for indirect, incidental, special or consequential damages, including loss of profits or business interruption. Loss or corruption of your User Content is governed by Section 14.2, which sets out both our statutory obligations under OUG 140/2021 and your statutory remedies.
15.2 Specific Exclusions
We are not liable for:
- the accuracy of food database entries, calorie estimates, macro calculations, or calorie-burn estimates;
- health outcomes, injuries, or adverse effects arising from your use of fitness or nutrition information in the Service;
- the quality, accuracy, or safety of advice given by professional users through the Service;
- actions taken by third-party services integrated with FormChase.
15.3 What We Do Not Exclude
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any liability that cannot be excluded under applicable EU or Romanian law.
15.4 EU Consumer Rights
For EU consumers: You retain all mandatory consumer rights under the laws of your country of residence. These Terms do not limit any rights that cannot be waived by contract.
15.5 No Warranty Beyond Statutory Obligations
To the maximum extent permitted by applicable law, and subject to our statutory conformity obligations under OUG 140/2021 (see Section 14.2) and to your non-waivable consumer rights under Romanian and EU law, the Service and its content are provided "as is" and "as available". We do not warrant that the Service will meet your specific fitness, nutrition, body-composition or health goals; that it will be uninterrupted, secure or error-free; that food database entries, calorie or macro calculations, or content contributed by other users are accurate, complete or suitable for your individual requirements; or that defects will be corrected within any specific time. This Section does not override the rights that Romanian or EU consumer law gives you and which cannot be waived by contract.
15.6 Your Obligation to Indemnify Us
Subject to your non-waivable consumer rights under Romanian and EU law, you agree to defend, indemnify and hold harmless FormChase (including its owner, employees and contractors) from any third-party claim, damages, loss, liability or reasonable costs (including reasonable legal fees) arising out of:
- your User Content or Public Contributions, including any claim that they infringe a third party's rights or violate applicable law;
- your material breach of these Terms, of applicable law, or of a third party's rights;
- your misuse of the Service or circumvention of its security or access controls;
- if you are a Professional User: any claim by or on behalf of a Client arising from the advice, programs, meal plans or other professional services you provide to that Client through or in connection with the Service, including claims that such services were provided without the required qualification, caused injury, or failed to meet a professional standard of care.
This indemnity does not apply to the extent the claim results from our own gross negligence, wilful misconduct, our material breach of these Terms, or our breach of statutory obligations that cannot be waived under Romanian or EU law. We will notify you promptly of any claim subject to this indemnity, reasonably cooperate in the defence (at your cost), and not settle any claim in a way that admits your liability without your prior written consent (not to be unreasonably withheld).
16. Termination
16.1 By You
You may delete your account at any time through Settings → Privacy & Data → Delete Account. Account deletion includes a 30-day cooling-off period during which you can contact us to cancel the deletion. After 30 days, your personal data is permanently deleted, except:
- anonymised analytics data;
- content you contributed to the public library (retained in anonymised form (see Section 9.3));
- consent records and data-subject-rights request logs, retained as legal evidence (see Privacy Policy, Section 6).
About fiscal invoices. Because Apple and Google are the merchants of record for your subscription (see Section 8), they hold and retain the fiscal records for those purchases. We do not hold fiscal invoices tied to your account that would otherwise need long-term retention, so no 10-year fiscal retention applies on our side for subscription purchases.
Deleting your account does not automatically cancel an active App Store or Google Play subscription. You must cancel the subscription separately through the relevant platform.
16.2 By Us
We may suspend or terminate your account if:
- you materially breach these Terms;
- your use of the Service poses a security risk;
- we are required to do so by law.
Where possible, we will give you reasonable notice and an opportunity to export your data before termination. In cases of serious breach (e.g., abuse, fraud, security threats), we may act immediately.
16.3 Effect of Termination
Upon termination, your right to use the Service ends. Sections that by their nature should survive termination (including Sections 9.2, 9.3, 10, 15, 18, and 19) remain in effect.
17. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance through in-app notification and/or email.
If you do not agree with the updated Terms, you may stop using the Service and delete your account before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
For existing paid subscribers, material changes that reduce your rights will not take effect until your current billing period ends, unless the change is required by law.
18. Governing Law and Disputes
18.1 Governing Law
These Terms are governed by the laws of Romania.
18.2 Jurisdiction
If you are a consumer, any dispute shall be submitted to the competent courts of your place of residence in Romania, or, if you reside in another EU Member State, the competent courts of your habitual residence, in accordance with Regulation (EU) No 1215/2012 (Brussels I bis).
18.3 Amicable Resolution
Before initiating court proceedings, we encourage you to contact us at contact@formchase.com to resolve disputes amicably.
18.4 Alternative Dispute Resolution (SAL) and EU Online Dispute Resolution
SAL (Romanian Alternative Dispute Resolution). Under Romanian Government Ordinance 38/2015 (transposing Directive 2013/11/EU on consumer ADR), consumers in Romania may submit disputes to an authorised SAL entity before resorting to court. The list of accredited SAL bodies is maintained by ANPC at anpc.ro/ce-este-sal/. We are not contractually required to use a specific SAL entity, but we will cooperate in good faith with any SAL procedure you initiate.
EU Online Dispute Resolution. The European Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr/. Our email for ODR purposes is: contact@formchase.com.
18.5 Romanian Consumer Protection
In Romania, consumer rights are governed principally by OG 21/1992 on consumer protection (republished), Law 193/2000 on unfair terms in consumer contracts, OUG 34/2014 on consumer rights in distance contracts, OUG 140/2021 on digital content and digital services, and OG 38/2015 on alternative dispute resolution. You may file complaints with:
- ANPC (Autoritatea Națională pentru Protecția Consumatorilor): anpc.ro
- InfoCons: infocons.ro
- SAL bodies list: anpc.ro/ce-este-sal/
19. General
Entire Agreement: These Terms, together with our Privacy Policy and Cookie and Local Storage Policy, form the entire agreement between you and FormChase regarding the Service.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
No Waiver: Our failure to enforce a provision does not waive our right to enforce it later.
Assignment: We may assign these Terms if the business or the Service is transferred to a successor entity, with notice to you. You may not assign your rights under these Terms.
Language: Both the English and Romanian versions of these Terms are authentic. In case of inconsistency, the Romanian version prevails for users whose primary interface language is Romanian.
20. Contact
Questions about these Terms? Reach us at contact@formchase.com.