Terms & Conditions

1. The parties and introductory provisions#

The provider and seller is:

• ADAGET s.r.o. (a Czech limited liability company)
• Company No. 21471606 · VAT No. CZ21471606 (VAT registered)
• Registered office: Svatopluka Čecha 2672/100, Královo Pole, 612 00 Brno, Czech Republic
• Registered with the Regional Court in Brno, file no. C 139070
• Managing director: Adam Dostál · Data box: fdd98tu
• Phone: +420 773 469 469 · E-mail: podpora@gutiva.cz
• Address for returning the device: Svatopluka Čecha 2672/100, Královo Pole, 612 00 Brno, Czech Republic

Customer means exclusively a consumer — a natural person entering into the contract outside the scope of their business activity (Section 419 of Act No. 89/2012 Coll., the Civil Code). The service is offered to consumers in the Czech Republic.

These terms form an integral part of the contract. Any diverging arrangements in the contract take precedence. A change to these terms does not affect contracts already concluded.

2. Subject of the contract and the nature of the service (wellness)#

The subject of the contract is the loan of a Gutiva device for one month (the audit), the preparation and delivery of reports (as a rule 2 PDFs — after 14 days and at the end of the month), and the customer's obligation to pay the price and return the device.

Important notice

Gutiva is a wellness product. According to the manufacturer's intended purpose, the device is NOT a medical device within the meaning of Regulation (EU) 2017/745 — it is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease, and it is not used to provide healthcare within the meaning of Act No. 372/2011 Coll.

The reports are strictly informative and of a wellness nature. They are NOT medical advice, a diagnosis or a health service (Act No. 372/2011 Coll.) and they do not replace professional healthcare. Please consult a doctor about health matters.

The optional consultation is provided by a nutrition specialist, not by a physician; it is not a health service.

3. Order and conclusion of the contract#

The presentation of the service on the website is informative and does not constitute an offer to conclude a contract (Section 1732(2) of the Civil Code does not apply).

The customer orders by completing the form; before submitting it, they can review and change the details. The order is submitted using a button labelled “Order with an obligation to pay” (Section 1826a of the Civil Code); without such unambiguous labelling the contract does not bind the consumer.

The contract is concluded when confirmation (acceptance) of the order is delivered to the customer's e-mail address. The contract is concluded in Czech, archived electronically and made available to the customer together with the confirmation. The customer confirms that they are a consumer, have full legal capacity and are over 18 years of age.

4. Price and payment terms#

4.1 Plans and prices

• Gutiva audit — CZK 3,999 for one month of auditing: device rental for 30 days, 2 PDF reports (after 14 and 30 days), a named list of foods, access to the mobile app, AI food recognition from a photo, Apple Health and Google Health sync, smartwatch sync (Apple Watch, Garmin, Fitbit) and monthly AI insights.
• Gutiva — buying the sensor: CZK 9,999 as a one-off payment — the sensor stays yours permanently, with the app and reports included for 12 months.
• Optional consultation (checkout add-on): CZK 1,999 as a one-off payment — nutritional guidance with a nutrition specialist (not a physician); this is not a health service.

4.2 VAT and shipping

The provider is VAT registered. All prices stated include VAT at 21 %. The VAT rate and amount are shown on the electronic tax document (invoice) sent to the customer after payment.

Shipping of the device is included in the price of the service — both delivery and return are free of charge for the customer (the provider supplies a prepaid return label).

4.3 Payment

The price is due when the order is placed, paid online in advance. Payment methods through the Comgate payment gateway: payment card (Visa, Mastercard), Apple Pay, Google Pay, bank transfer and deferred payment.

An electronic tax document is issued for every payment and sent by the provider to the e-mail address given in the order without undue delay.

5. Loan, delivery and return of the device (the sensor)#

5.1 Nature of the service — a loan, not a sale

By ordering the audit, the customer acknowledges that they are ordering a service, not purchasing a device. Part of the service is the temporary loan of a measuring device (the “sensor”). The cost of the sensor is included in the price of the service — the customer does not pay for the sensor separately and does not acquire title to it. The provider remains the owner of the sensor at all times.

The sensor is a technical device intended solely for use by the customer within the agreed audit. The customer must not pass the sensor to a third party, disassemble it, alter it or modify it in any way.

5.2 Loan period (30 + 10 days)

The sensor is loaned to the customer for 30 calendar days from the date of handover (see art. 5.3) — this period is included in the price of the service. A further 10 calendar days are added free of charge for returning the sensor.

In total, the customer therefore has 40 calendar days from handover to use the sensor and send it back.

5.3 Delivery of the sensor and transfer of responsibility

The sensor is delivered to the address or pick-up point given in the order by a carrier (Packeta/Zásilkovna, or GLS at the customer's choice), as a rule within 2 working days of receipt of payment. Delivery costs are borne by the provider — shipping is free for the customer.

The sensor is deemed handed over to the customer at the moment the carrier collects it for delivery to the customer. From that moment the customer is responsible for the sensor.

5.4 Returning the sensor

The customer must return the sensor no later than the end of the 40-day period under art. 5.2. The provider generates and supplies a prepaid return label by e-mail — the provider bears the return costs in full.

The sensor may be returned: (a) via Zásilkovna (a Z-Box or a pick-up point), or (b) in person to the provider's registered office (Svatopluka Čecha 2672/100, Královo Pole, 612 00 Brno, Czech Republic).

The sensor is deemed returned at the moment it is handed over for transport back to the provider, or at the moment of personal handover at the registered office. It must be returned complete, with normal wear and tear.

5.5 Late fee for failure to return

If the customer does not send the sensor back within the 40-day period under art. 5.2, the provider is entitled to charge a contractual penalty of 300 Kč for each additional day started. The penalty does not apply where the delay was demonstrably caused by the carrier or the provider.

5.6 Loss or failure to return the sensor

If the customer loses the sensor or does not return it at all, they are obliged to pay the provider a contractual penalty of 9 999 Kč. This amount corresponds to the acquisition value of the device and covers the provider's cost of manufacturing a new sensor. The agreed amount of the penalty is proportionate to the value of the secured obligation (Section 2051 of the Civil Code); at the customer's request the provider will evidence it with an internal calculation or a supplier's invoice.

5.7 Free 7-day extension

If the customer has difficulty returning the sensor on time, they may request a free extension of a further 7 calendar days. The condition is that the customer notifies the provider in advance by e-mail at podpora@gutiva.cz before the period under art. 5.2 expires. The free extension takes effect once confirmed by the provider.

6. Withdrawal from the contract within 14 days#

A consumer has the right to withdraw from the contract without giving a reason within 14 days (Sections 1829 et seq. of the Civil Code). The period runs from conclusion of the contract (for services) or from taking delivery of the device; it is observed if the withdrawal is sent before it expires.

Withdrawal may be made by any unambiguous statement or using the model form (see the end of this document), sent to the registered office or to podpora@gutiva.cz.

After withdrawal, the provider will refund all funds received within 14 days of delivery of the withdrawal, using the same method; it is not obliged to refund them before the customer hands over the device or proves that it has been sent. The customer must send the device back within 14 days; the provider bears the cost of returning it in connection with withdrawal (prepaid label). The customer is liable for any reduction in the value of the device caused by handling beyond what is necessary to become familiar with it.

Exceptions to the right of withdrawal (Section 1837 of the Civil Code): withdrawal is not possible in particular from a service performed with prior express consent before the period expired (typically a consultation delivered in full). The provider treats the reports as digital content supplied electronically and not on a tangible medium (Section 1837(l) of the Civil Code): by agreeing to these terms when placing the order, the customer expressly consents to performance beginning (the preparation and delivery of the report) before the 14-day withdrawal period expires, and acknowledges that they thereby lose the right of withdrawal in respect of the report. This does not affect the 100 % money-back guarantee (art. 7) or the right to withdraw from the device rental.

7. The 100 % money-back guarantee#

Over and above statutory requirements, the provider offers a voluntary contractual benefit — a 100 % guarantee of a refund of the price of the monthly audit. The guarantee can be claimed at any time during the monthly audit, i.e. no later than the end of the 30-day cycle (or until the device is returned).

The customer sends the request to podpora@gutiva.cz, identifying the order (the e-mail address or order number). **The customer is not obliged to state a reason for claiming the guarantee. The provider is not entitled to reject a request because the reason is insufficient, because it disagrees with the reason, or based on a subjective assessment of how serious the reason is.** The only condition for payment is returning the device to the provider (see below).

The refund is conditional on returning the device to the provider (complete, without damage beyond normal use). The provider will refund the audit price in full without undue delay, no later than 14 days after delivery of the returned device, using the same payment method. A supplementary consultation that has already been delivered is not refunded (the service has been performed).

The guarantee is a voluntary benefit beyond statutory requirements and does NOT limit or replace the statutory right of withdrawal (art. 6) or rights arising from defective performance (art. 8). The customer may choose which to invoke; claiming the guarantee does not exclude the consumer's statutory rights.

8. Rights from defective performance and warranty claims#

The device is rented — rights arising from defects are governed by the provisions on lease (Sections 2201 et seq. of the Civil Code), not by a purchase warranty; generally also by Sections 1914 et seq. of the Civil Code and by Act No. 634/1992 Coll. A defect or claim may be raised by e-mail at podpora@gutiva.cz or at the registered office; the customer describes the defect and the preferred way of handling it.

The provider issues written confirmation that a claim has been raised and that it has been settled. Claims are settled without undue delay, no later than within 30 days, unless the parties agree otherwise.

9. Duration, termination and changes#

The audit contract ends when the obligations are fulfilled (the device is returned and the reports delivered).

The provider may withdraw in the event of a material breach (non-payment, tampering with the device, failure to return it). Termination of the contract does not affect the obligation to return the device or arrangements that survive termination.

10. Out-of-court dispute resolution and supervision#

The body competent for the out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, Central Inspectorate — ADR Department, Gorazdova 1969/24, 120 00 Prague 2, www.coi.gov.cz, portal adr.coi.gov.cz. A proposal may be filed within 1 year of the date on which the right was first exercised with the provider.

The European Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025; consumers should use the Czech Trade Inspection Authority above, or the European Commission's information tool at consumer-redress.ec.europa.eu. Consumer protection is supervised by the Czech Trade Inspection Authority and personal data protection by the Czech Office for Personal Data Protection.

The provider is authorised to provide the service on the basis of a trade licence recorded in the Czech Trade Register under Company No. 21471606 (unregulated trade, field no. 80 — Production, trade and services not listed in Annexes 1 to 3 of the Trade Licensing Act).

11. Final provisions and model withdrawal form#

The contract is governed by the law of the Czech Republic; this does not affect consumer rights under generally binding regulations. The invalidity of one provision does not affect the validity of the others. These terms take effect on 2 June 2026.

Model form for withdrawal from the contract

Addressee: ADAGET s.r.o., Svatopluka Čecha 2672/100, Královo Pole, 612 00 Brno, Czech Republic, e-mail podpora@gutiva.cz. I hereby give notice that I withdraw from the contract for the provision of the service / the loan of the device. Date of order / receipt: __ . Order number: __ . Consumer's name and address: __ . E-mail: __ . Account number for the refund: __ . Date and signature (if submitted on paper): __ .