Thank you for downloading the Body Food Weight application. The functions you have access to by downloading and using the Body Food Weight application will be hereinafter referred to as "the Services". The Services will be provided to you by One Key Path S.R.L. (hereinafter referred to as "the Company"). Only the following terms and conditions apply between The Company and the user (hereinafter referred to as “The User”) as amended at the time of use.
1. About Body Food Weight application.
BodyFoodWeight is a body weight monitor, food intake monitor, and meal plan generator app.
The App offers real time data on how much you eat and what is your diet made of. The User can make adjustments when it comes to eating habits, setting targets in terms calories (the calories are calculated based on the average value of the calories within every food group) and food composition. All consumed food will be recorded under one of the following food groups: Raw Vegetable; Fruits; Cooked Vegetable & Beans; Dairy < 15%fat; Dairy > 15% fat; Meat; Cereals; Sweets; Seeds; Pure alcohol; Added oils.
The following type of data will be provided by the Body Food Weight: number of calories you consume during a day and during every meal; share of calories you get from every food group; share of calories you get form plants and how many from other than plant sources.
After recording the meals for several days, using as reference point statistics from previously consumed meals - you will be able to set calories and food composition targets and the app will prepare meal plans based on your requirements. The next meals you consume will be compared with preliminary targets and you will be able to track your progress in real time using numerical and visual comparison with the target you set yourself. The statistics (The weight & calories - chart; Daily & meal calories - set target; Consumed Kcal source - plant vs other share – chart; Consumed Kcal source - food group share – chart; Daily & meal calories - set target) will be provided for previous time intervals current week, previous week, current month and all time.
Based on Kcal. and food composition targets the app will provide a 3 meal plans.
The App will allow the User to control the decrease or increase of overall food quantities in order to control the body weight. Furthermore the User of the App agrees and acknowledges that the use of the suggested proposals regarding the food intake are made on users own responsibility. The User agrees and acknowledges that the App permits the user to set their own limits and quantities within any food category and therefore the User will be held responsible for his own decisions regarding seating up targets.
You can find more information about the Services from bodyfoodweight.com
We strive to provide useful general information for The User, NOT PROFESSIONAL MEDICAL ADVICE. You should consult with your healthcare provider(s) and consider the associated risks before using our Services. You should consult with your physician before making any dietary changes based upon information available through the Services. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
2. Available types of use
Body Food Weight application can be operated as a limited service free of charge or full specification service for a fee. The limited free of charge version will operate with the user acknowledgement for third party advertising supplied through the platform. If the User would like to use the wide range of features offered by the pay version of the Body Food Weight application, the User can upgrade the subscription.
In-app purchases are billed by the respective Market place. The payment terms stipulated by the respective Market place operator apply.
The free version will work as a meal&day Kcal counter and tracker comparing the intake to the meal&day kcal target including one analysis chart: plant based compared to to other Kcal source.
The payed version will offer in addition detailed analysis of Kcal intake share from every food group, the possibility to set Kcal share targets and automatically receive meal plan quantities calculated to match the targets and a more detailed historical data variation progress for the Kcal intake and user body-weight.
These terms and conditions govern the use of the Body Food Weight application. They apply regardless of whether the app is used free of charge or for a fee.
3. Use of the Services and Your Account
3.1. Who can use the Body Food Weight
You must be at least 18 to use Body Food Weight application Body Food Weight application is not directed at Users under the age of 18. If you are under the age of 18, you are not permitted to register as a User or use the Services.
3.2 Your Account
Use of the Body Food Weight application and the Services requires you sign up for a Body Food Weight user account (“User Account”). When you create an account for our Services, you must provide us with precise and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices. You are entirely responsible for safeguarding your User Account passwords and for the actions taken in your User Account. If you encounter any loss or damage resulting from your failure to keep your password confidential or any incorrect information you give while creating your User Account The Company will not have any liability.
4. Intellectual Property Rights and Other Proprietary Rights
You acknowledge and agree that the Body Food Weight application, the Services and the software used in connection with the Services (hereinafter referred to as "the Software") contain proprietary and confidential information that is protected by applicable intellectual property laws, agreements and other laws. The Content incorporated in sponsor advertisements and introduced to you through the Services is protected by copyrights, brands, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Services or the Software, in whole or in part.
Subject to these Terms, the Company grants you a personal, non-transferable and non-exclusive right and license to use the Services and the Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by the Company in writing.
Except as expressly authorized by the Company or permitted by law, you agree not to use, copy, imitate, or incorporate any brand including trademark and service mark, any trade dress, company name, or product name in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Body Food Weight Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
5. Appropriate Conduct
You understand and accept that all information, data, text, software, music, sound, audio, photographs, graphics, video, message or other material appearing within the Body Food Weight (collectively, "Content") are under the sole responsibility of the owner, intellectual property owner or intellectual property licensee of the Content. The Company reserves the right to pre-screen, flag, filter, refuse, modify or remove any Content that is available via the Services.
You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so. You agree that you will not use the Services in any unlawful or immoral manner, or in any manner inconsistent with the intended purposes of these Terms. You shall not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
No Promotion of Unsafe Weight-Loss Techniques, Eating Disorders or Use of the Services to promote dangerously low levels of eating is not permitted. It is not allowed to contribute the following types of Content, which may be removed without warning: Content aimed to advertise potentially unsafe or controversial weight loss products or procedures.
Appropriate Conduct is mandatory for all shared data using Body Food Weight app in case such functionality will be available and also for any other related communication or social platforms owned by the Company.
6. Amendment to the Terms
The Company may revise or modify these Terms every now and then. The Company will inform and provide you with a copy of the new version through email and in Terms and conditions sections of the app. When the amendments or modifications of these Terms that are reasonably fair to you (they are needed to adhere to the law or to enhance the Service or they do not modify the overall scope and conditions of the Service to your disadvantage, you will be deemed to have accepted the amended Terms, unless you object to the changes within fourteen (14) days from that notification, provided that we will make you aware of this consequence of a lack of objection in the notification. If you do not agree to the modifications, you will not be permitted to use, and should discontinue your use of, the Services.
You acknowledge and agree that the Company may send you notices relating to any amendment to the Terms or necessary announcements on the Services by all or any of the following means: app interface , email, webpage.
8. Body Food Weight Application and Software Updates
The Company makes available to you Software upgrades from time to time to update, enhance and further develop the Services, including providing upgrades, modifications, bug fixes, patches and other error corrections and/or new features. You will need to upgrade the Software for the Body Food Weight application upon Company’s notification of available upgrades. The Company does not undertake to upgrade the Software in any manner. Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to accept the Updates. The Company reserves the right at any time and from time to time to modify, update, or discontinue temporarily or permanently, the Body Food Weight Services or any portion thereof with or without notice or advice. You acknowledge and agree that One Key Path S.R.L. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
All Updates to the Services will be governed by the Terms (and any additional modifications of the same).
9. Modifications to the Services
The Company reserves the right from time to time to modify the Services (or any part thereof) without notice, provided that the changes have no significant effect on the overall scope of the Services. In the event the changes have a significant effect on your use of the Services, you will be notified of such changes.
10. Withdrawal of Consent and Termination of the Use of Services
You can view the latest "Body Food Weight Terms of Service" that you have accepted on the Device with which you access the Services and can withdraw your consent by sending an e-mail to us at email@example.com. In this case, you may not be able to use all features of our Services.
Company has the right to terminate the agreement with two (2) weeks’ prior notice.
11. Non-Commercial Use
You agree not to use, reproduce, duplicate, copy, sell, trade, resell or otherwise exploit for any commercial purpose other than that for which they were intended, any portion of the Services, use of the Services, or access to the Services except as otherwise expressly provided in these Terms, permitted by law or without the express written consent of [name of the Company].
The Company may provide, or third parties may provide, links to other websites or resources. The Company may have no control over such sites and resources and you acknowledge and agree that if you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services and the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site to Body Food Weight. You further acknowledge and agree that, subject to Section 16, the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. Third Party Services, Devices, Products and Software and Liability of the Company
Sometimes when you use the Services, you may use or purchase a service, device, product or software, which are provided by a third party. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services. The Terms do not affect your legal relationship with these other companies or individuals, and the Company shall not have any liability or responsibility for any service, product or software which is made available by a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- When you access and use third party services, products, devices or software, you do so at your own risk. In relation to third party services, and subject to section 16, the company expressly disclaims any warranty or condition of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The company does not warrant or guarantee that: (i) the third party services, devices, products or software will meet your requirements; (ii) the third party services, devices, products or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the third party services, devices, products or software will be correct or reliable; (iv) you will be satisfied with the quality of any products, services, information or other material purchased or obtained by you through the third party services, devices, products or software and (v) any errors in the third party software will be corrected.
- The company does not warrant or guarantee that the personal information collected by third parties through your use of any third party services, devices, products or software will be handled appropriately. Your disclosure of any personal information to any third party is done at your own discretion and risk.
15. Disclaimers of Warranties
SUBJECT TO SECTION 16, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Your use of the services is at your sole risk. To the maximum extent permitted by law, the company and its partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- The company and its business partners do not warrant that: (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations; and (v) any errors in the software will be corrected.
- The company monitors the use of the services by users, and the information so collected may be used ın accordance wıth the applıcable data protectıon laws and the company’s prıvacy polıcy.
- The company does not warrant or guarantee in any manner to provide the services or the software for an unlimited period of time or for a definite period.
16. Limitation of Liability
16.1. SUBJECT TO SECTION 16.3 AND EXCEPT WHERE DAMAGES FALL WITHIN COMPANY’S LIABILITY UNDER SECTION 16.2, YOU THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:
- Any indirect or consequential damages;
- Damages for loss of income, business, actual or expected profit, business opportunities, goodwill or reputation;
- Data corruption and/or data contamination or loss of data;
- Any loss or damage resulting from:
- Any breach of these terms or another agreement or contractual relationship between you and the company due to any reason attributable to your negligence; or
- Use of your account information by any person other than you (whether this use happens with or without your knowledge). You will be liable to indemnify the company, for all consequences and/or damages that might arise from the use of your account information by any third party due to your wilfulness or negligence.
16.2. If the company is held liable due to any breach of these terms of service, the liability of the company shall, subject to section 16.3, be limited to the damage you suffer as a typıcally foreseeable result of the company’s slıghtly neglıgent breach of a materıal contractual duty under these terms of service. A “materıal contractual duty” under these terms of serviceıs a duty the fulfılment of whıch ıs essentıal for the proper executıon of these terms of service, the breach of whıch endangers the purpose of these terms of service and on the fulfılment of whıch you as the user regularly rely. Loss or damage ıs typıcally foreseeable ıf ıt ıs an obvıous consequence of the company’s breach or ıf ıt was typıcally foreseeable at the tıme that you accepted these terms of service. Subject to sectıon 16.3., the company excludes ıts lıablıty for damages caused by a slıghtly neglıgent breach of a non-materıal contractual duty.
16.3. Nothing in these terms of service excludes or limits the liability in respect of: the liability of the company for death, personal injury, fraud or product liability as well as wıllful mısconduct or gross neglıgence.
If the laws of the country where the user resides do not allow the exclusion of any certain warranties and conditions, or limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, breach of implied terms, or limitation or exclusion of liability for any incidental or consequential damages, only the limitations lawful in that jurisdiction shall be valid for the user, and the liabilities and warranties of the company shall be limited to the maximum extent permitted by law.
17. No Third Party Beneficiary
You agree that, except as otherwise expressly provided in the Terms or applicable laws, there shall be no third party beneficiaries to these Terms.
18. Force Majeure
The Company shall not be held liable for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events beyond its reasonable control, and includes in particular (without limitation), (a) impossibility to use public or private telecommunication networks; (b) the acts, decrees, legislation, regulations or restrictions of any government or (c) civil commotion, riot, invasion, wars (whether declared or not) or natural disasters.
Entire Agreement. The Terms (including any policies, guidelines, amendments or agreements that may be presented to your from time to time) constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements between you and the Company for the use of the Services.
The Services also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Company, affiliate services, third-party content or third-party software.
Dispute Resolution Proceedings. Company does not participate in dispute resolution proceedings before a consumer arbitration board.
Choice of Law. The Terms and the relationship between you and the Company shall be governed by Romanian laws. Notwithstanding the foregoing, mandatory consumer protection laws in your country of residence shall remain unaffected.
Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms shall remain in full force and effect.