Terms and conditions
Effective May 25th 2018
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS OF LIABILITY (SECTION 13), AS WELL AS INFORMATION ABOUT CERTAIN LIMITATIONS ON YOUR ABILITY TO BRING A CLAIM AGAINST US (SECTION 15).
You may be asked to provide certain registration details or other information to access all or portions of the Services. You agree the information you provide is correct, current, and complete. DietSensor reserves the right to refuse you access to the Services and to suspend or terminate your access at any time, including if DietSensor believes the registration information you provided is not correct, current, or complete.
2. Compliance with Applicable Laws
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.
4. Ordering Products
If you order any products from DietSensor through the Services, you represent you are doing so in compliance with all applicable laws, rules, regulations, requirements, and ordinances of all governmental authorities regarding the sale, use, export, and import of such products. Your purchase of such products will be subject to DietSensor’s standard terms and conditions of purchases, located in the DietSensor App and on the DietSensor website, in the absence of a separate, signed agreement with DietSensor governing your purchase of products.
The Services (including, but not limited to text, photographs, graphics, video, audio content, and computer code) are protected by copyright law in the United States and other countries. DietSensor retains all right, title, and interest in and to the Services. Except for content that you have posted on the Services, or unless expressly authorized by DietSensor in writing, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may print or download portions of the Services for your personal, noncommercial use or for the lawful and appropriate advancement of your business dealings with DietSensor In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, or other proprietary notice appearing in any of the Services. No right, title, license, or other interest in any of the Services is passed to you by your access to the site, and DietSensor retains all right, title, and interest in all materials printed or downloaded from the Services. Requests for permission to use content other than as described above should be made to firstname.lastname@example.org. Please be advised that DietSensor enforces its intellectual property rights to the fullest extent of the law.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DietSensor, its licensors, or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any parent or trademark of DietSensor its licensees and affiliates, or any third party.
7. Medical Information
Nothing on the Services is intended to provide medical advice. The Services may contain general information relating to various medical or diet issues. This information is provided for informational purposes only and is not intended as a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained on the Services for diagnosing a health or fitness problem or disease or for taking any decision regarding a medical treatment. Always consult your physician or another qualified health care professional about any medical condition you may have or any medical treatment you may be considering.
8. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Make use of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including intellectual property rights;
- Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use of or access to the Services;
- Take any action that violates or threatens to violate our system or network security, including any action that imposes an unreasonable or disproportionate large load on our network or infrastructure;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
- Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information;
- Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;
- Submit content that is prohibited by or otherwise not in compliance with these Terms, or that you do not have the right to post or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service.
Violations of these Terms may result in civil or criminal liability.
DietSensor reserves the right to monitor your use of the Services to determine compliance with these Terms. We may investigate violations of the Terms and may work with law enforcement to prosecute users or others who violate these Terms. We may also share information with system administrators at other systems in order to assist them in resolving or preventing potentially related security incidents. We reserve the right to terminate your access to the Services if you are suspected of violating the Terms.
9. The Services and Your Account
9.1 Who can use DietSensor Services?
You must be at least 16 to use the Services. No individual under 16 may use the Services, provide any Personal Data, or otherwise submit Personal Data through the Services.
9.2 Your Account
You will need to create a DietSensor account to access the Services. When you create your account, you must provide us with accurate and complete information as prompted by the account creation and registration process so that we can contact you with important notices.
You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.
10. Links to Third-Party Websites
The Services may link to other websites controlled by third parties (“Linked Sites”). These Terms do not apply to the Linked Sites. DietSensor provides such links only as a convenience to users. DietSensor does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites, nor does it make any recommendations about the content, completeness, safety or accuracy of any Linked Sites. All users access Linked Sites at their own risk.
DietSensor welcomes your comments and suggestions. All submissions provided to DietSensor—including any comments, suggestions, ideas, materials, information or other content that you submit through the Services—become the property of DietSensor. By making a submission, you agree to assign to DietSensor all worldwide right, title, and interest (including all copyrights and other intellectual property rights in any and all forms, media, and technologies now known or hereafter developed) in all materials, ideas, information and other content contained in your submission. DietSensor may use, reproduce, modify, adapt, publish, translate, distribute, perform and display any and all content thereof in its business (including its advertising) and in other endeavors, without any liability to you.
DietSensor forbids certain submissions, including but not limited to submissions that contain material that:
- You do not have the right to post
- Promotes unlawful activity
- Is vulgar, obscene, pornographic, or indecent
- Does not pertain directly to the Services
- Is offensive, racist, or threatening to others
- Advertises any commercial endeavor or otherwise engages in commercial activity, except as specifically authorized on the Services
- Solicits funds, advertisers, or sponsors
- Is false, deceptive, or misleading
- Contains viruses, worms, Trojan Horses, or other computer code files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications.
- Links to sites that contain prohibited content, or
- Otherwise violates the Terms
We reserve the right to remove or refuse any Submissions. You remain solely liable for your Submissions and acknowledge and agree that neither DietSensor nor any third party that provides any of the Services to DietSensor will assume or have any liability for any Submission.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICES. DIETSENSOR DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIETSENSOR DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY DIETSENSOR, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY DIETSENSOR OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
DIETSENSOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DIETSENSOR DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
13. Limitation of Liability
IN NO EVENT WILL DIETSENSOR OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DIETSENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIETSENSOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. Cost of Service
The Services offered by DietSensor as part of the Basic Subscription are free.
The Services proposed by DietSensor as part of the Premium Subscription and the Ultimate Subscription are determined according to the current rates, as stated on the website and the mobile application at the time of the User’s subscription. Prices are listed in US dollars excluding tax.
These prices are firm and non-revisable over the course of a given subscription. At the end of the subscription period and in the event of renewal, the applicable prices are those published on the website or on the mobile application on the day of the renewal.
15. Payment terms
The PREMIUM and ULTIMATE plans offered through the DietSensor app are subscriptions that must be purchased. In subscribing to a purchasable service and using it, the User agrees to our terms and all additional terms, as provided herein. Payment is secured and made through Apple Pay or Google Pay directly through your mobile phone. Services are subscribed for a defined period and billing is automatically renewed, unless the User cancels his/her subscription through the subscription management option proposed by Apple and Google. This can be done either by phone or online.
The User agrees to pay the fees and other incurred charges that apply to purchased Services, immediately upon subscription, or, when appropriate, at the end of the free trial period. After selecting their payment method, the User formally authorizes DietSensor (or the payment intermediary) to debit fees related to the purchase of services. Any purchase of services is irrevocable and non-refundable.
The User also agrees to waive his/her right of withdrawal after his/her purchase, to the extent that this right exists in the jurisdiction of his/her country of residence. This way the User will have immediate access to the services they have purchased.
15.2 Withdrawal and annulment
If the User does not pay the fees related to his/her use of purchased services, for example because his/her credit card has expired, DietSensor or the payment intermediary may attempt to alert him/her and seek to resolve the issue. However, we reserve the right to disable or terminate User access to purchasable services without prior notice.
Purchasable services can be terminated at any time. For more information about withdrawal terms, please refer to the subscription section in the application. Cancellation becomes effective at the end of the ongoing invoicing period, and services are provided until this date. The User is not eligible for fee refunds incurred during the period of service. It is the User’s responsibility to cancel service whether he/she actively uses the service or not.
The User should cancel purchased services before the end of a free or reduced-rate period, if he/she does not wish to pay for the purchasable service at the normal rate.
15.3 Price editing
DietSensor may change the prices of Premium and Ultimate services at any time, to the extent allowed by the applicable law. The User may access prices through the App at the time of subscription. DietSensor will give reasonable prior notice by e-mail if prices are modified over the period of subscription. If new prices are not suitable to the User, he/she can terminate the purchasable services prior to the activation of the price adjustment.
15.4 Discount, promotional and gift codes
15.5 Free trials
From time to time, DietSensor offers free trials of certain purchasable services. A free trial gives access to purchasable services for a given period, according to the terms specified when the User activates the offer.
The User may be asked to choose a means of payment to activate the free trial. The User’s free trial starts when the means of payment have been entered. No fees will be charged before the end of the free trial period.
Unless the User terminates his/her subscription before the end of the free trial, or unless otherwise stated, his/her access to the pay service will continue automatically and the corresponding fees due for the pay service will be invoiced. Any incurred fees are irrevocable and non-refundable. DietSensor may send a reminder when the User’s free trial is about to end, however DietSensor is not obliged to do so. It is the User’s responsibility to be aware of the expiry date of the free trial if he/she does not wish to pay for to the purchasable service after the end of the free trial period. This expiry date is found in the Subscription management section of the Application. In this case, the User should terminate his/her subscription before the end of the free trial period. According to the purchasable service his/her free trial is linked to, the User may lose access to this service either as soon as the agreement is terminated or at the end of the free trial period. After withdrawing from a free trial, it is not possible to resume the free trial period, even if the User didn’t use the service for the full duration of the offer. The rate for the purchasable service at the end of the free trial will remain the same as it was when the User first began, unless DietSensor indicates otherwise. DietSensor reserves the right to change or terminate a free trial offer and/or the access to purchasable services during the free trial or during use of any of these provisions, without prior notice or liability. The User cannot benefit from more than one free trial for a given pay service.
16. Online purchase of physical items
If The User purchases items on DietSensor.com or through the DietSensor application, some additional terms concerning online business transactions may apply to these purchases. These terms are available on the purchase page. They provide information about our refund, exchange, restocking, and shipping policies and other related information. Please read through these policies before making any purchases.
17. Lack of withdrawal rights for services
The User expressly acknowledges and agrees that:
– The Services provided by DietSensor consist of digital content that is independent from any hardware support and that such content shall be provided by DietSensor immediately after the payment of the Services by the User and the activation of the mobile Application on his/her smartphone;
– In order to have immediate access to purchased services, the User formally waives his/her right to withdraw from the subscription after services have been purchased; to the extent that this right exists in the jurisdiction of his/her country of residence.
Therefore, no request for withdrawal shall be accepted during the subscription period.
You agree to indemnify and hold harmless DietSensor and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors (“Indemnified Parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, or the failure to fulfill any obligations relating to your use of the Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from and against any and all claims, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees (the “Claims”). You also agree to indemnify the Indemnified Parties and hold them harmless from and against any and all Claims arising out of your use of any information or other contents accessed from the Services or any Submission that you make or cause to be made, to the Services.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
19. Arbitration of Claims
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor DietSensor will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Boston, Massachusetts. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that DietSensor may seek any interim or preliminary relief from a court of competent jurisdiction in the Commonwealth of Massachusetts necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.
20. Governing Law
This Agreement shall be governed by the laws of the United States and the State of Massachusetts. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
21. Other Jurisdictions
The Services are intended to comply with applicable laws and regulations in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States.
DietSensor may terminate these Terms for any reason at any time. DietSensor reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
Supplemental Terms. In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
No Waiver. The failure of DietSensor to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DietSensor as a result of these Terms or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and DietSensor and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.