TERMS AND CONDITIONS
Effective Date: 09/01/2020
These Terms and Conditions (the “Terms & Conditions”) are applicable to and govern the use of the mobile application Nutritional Analyzer (the “Application”), so please read them carefully before using the Application.
The services on the Application are provided by Kulikalova Oleksandra (the “Developer”) and are subject to these Terms & Conditions.
The parties to these Terms & Conditions are the Developer and you, as the user of the Application. Hereinafter, the parties will individually be referred to as a “Party” and collectively as the “Parties”.
By installing or in any way using or accessing the Application and services provided thereby, you expressly accept and agree to be bound by each term and section of these Terms & Conditions.
Effective Date above means the date these Terms & Conditions become effective.
From time to time, it may become necessary to make changes to these Terms & Conditions. Therefore, we reserve the right to update and/or modify the Terms & Conditions at any time in our sole discretion, without specific notice to you. The latest version of the Terms & Conditions will be available in the Application, and you should review the Terms & Conditions prior to using the Application. By your continued use of the Applications or services provided thereby, you hereby agree to comply with, and be bound by the Terms & Conditions effective at that time.
2. Health and Nutritional Information
You are responsible for your own health. The Developer is not a doctor, healthcare practitioner, nor nutrition or diet expert and does not give or intend to give any advice through your use of the Application.
The purpose of the Application is solely to provide easily accessible information about the nutrients and other components in foods and food products and help you analyze your food intakes from nutritional perspective and understand potential shortage or excess of certain nutrients based on the public domain information published by the U.S. Department of Agriculture on its website (https://www.usda.gov/).
The nutrition data and analysis made available to you through the Application is intended for the informational purposes only. Nutritional information presented in the Application has not been verified, investigated or reviewed by the Developer.
Any information and other materials made available by and through the Application: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before adopting or following any food advice, whether offered by the Application or otherwise. Your physician should allow for proper follow-up visits and individualize your nutrition plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutrition plan or any other matter related to your health and well-being. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Application or in connection therewith.
Without limiting the foregoing, information and other materials made available by and through the Application, including the healthy meal recommendations, dietary advice and/or other similar material made available by and through and/or in connection with the Application may include ingredients that you are allergic to. You should always check the suggested nutrients to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
3. Disclaimer of Warranties
You agree that your use of the Application is at your sole and exclusive risk and that any information and/or services made available by and through the application are provided by the Developer on an “as is” and “as available” basis. The Developer hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. In particular, but not as a limitation thereof, the developer makes no warranty that the information and/or services available through the Application: (a) will meet your requirements; (b) will be uninterrupted, timely, up to date, secure or error-free or that defects will be corrected; (c) will be free of harmful components; (d) will result in any specific dietary benefit, weight loss, beauty benefit or other health-related outcome; and/or (e) will be accurate, complete, reliable or of proper quality. No suggestion and/or information, whether oral or written, obtained by you from the Application shall create any warranty not expressly stated in the Terms & Conditions. You agree that the Developer is not liable for any errors, omissions, loss or damage which may be caused by your use of the Application, to the fullest extent permitted by law. Any damage that may occur to you, through your mobile system, or as a result of loss of your data from your use of the Application is your sole responsibility.
4. Limitation of Liability
You expressly understand and agree that the Developer shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Developer has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the Application and/or any information and/or services provided by and through the Application; (b) the failure to realize any specific dietary benefit, weight loss, beauty benefit or other health-related outcome; and/or (c) any other matter relating to the Application and/or any information and/or services made available by and through the Application. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release the Developer from any and all obligations, liabilities and claims in excess of the limitations stated herein.
Documents, information, or other services received on or through the Application may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.
The Developer makes no assurances to any particular outcome based on your use of the Application, including health, business or financial outcomes.
5. Intellectual Property
You agree that the Application and its compilation, including, but not limited to, source and object code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations, computer software, trade secrets, patents, and other intellectual property (“Developer IP”), as applicable, are the sole property of the Developer or her partners, suppliers or licensors, and protected by the relevant national and international copyright laws. All software used in the Application is the property of the Developer or her software suppliers or licensors and protected by the relevant national and international copyright laws. You are granted permission to install and use the Application for informational purpose only. Any other use or exploitation including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display or performance of the Application, in part or in whole, without express written permission from the Developer, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content associated with the Application is strictly prohibited. You agree not to use the Developer IP for any unlawful or infringing purpose.
6. Lawful Use
You agree not to use the Application for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Application in any way that could damage the Application or general business of the Developer.
You further agree not to use the Application:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Developer or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
You agree to defend and indemnify the Developer and any of her affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Application, your breach of these Terms & Conditions or any of our other legal documents, or your conduct or actions. You agree that the Developer shall be able to select its own legal counsel and may participate in its own defense, if the Developer wishes.
8. User Data
9. Governing Law
Through your use of the Application, you agree that the laws of Ukraine shall govern any matter or dispute relating to or arising out of these Terms & Conditions, as well as any dispute of any kind that may arise between you and the Developer, with the exception of its conflict of law provisions.
In case of a dispute between the Parties relating to or arising out of these Terms & Conditions, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county chosen by the Developer. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of these Terms & Conditions, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law of Ukraine. Each Party shall pay their own costs and fees. Intellectual property claims by the Developer will not be subject to arbitration and may be litigated, as the sole exclusion to this section. The Parties waive any rights they may have to a jury trial in regard to arbitral claims.
11. Eligibility Requirements
The Application is available only to individuals: (a) who can enter into legally binding contracts under applicable law; and (b) who are over eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age). If you do not satisfy the above eligibility requirements in their entirety, you do not have permission to use and/or access the Application.
12. Entire Agreement
13. Legal and Contact Information
If you have any questions about these Terms & Conditions, please contact the Developer at: email@example.com
Private Entrepreneur Kulikalova Oleksandra
ID No.: 3670107101
Address/PO Box: PO box 101, Kyiv, Ukraine, 01033