INLIVO TERMS AND CONDITIONS
Last updated date: 06.1.2014
Thank you for using our products and services (the “Service/s”). This Terms and Conditions agreement ("Agreement" or “Terms”) sets forth the legally binding terms for your use of the Services. This Agreement is accepted by your accessing and/or use of the Services. You may not access and/or use the Services or accept the Agreement if you are not at least 18 years old. By accessing and/or using the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein. If you do not agree with all provisions of this Agreement, you should not register with Inlivo.
Inlivo is the Service developed and provided by Inlivo BG JSC (“Inlivo”, “we” or “us”). The Service is available on the iPhone App Store as "Inlivo". The purpose of Inlivo is to help users to track their eating habits, and to make smarter lifestyle choices and diet adjustments through personalized suggestions. Inlivo can help you achieve healthier living in just three simple steps: 1. Select; 2. Assess; and 3. Adjust.
Using our Services
In order to use certain features of the Services, you must register for an account with Inlivo ("Inlivo Account") and provide certain information about yourself as prompted by the registration form. The Services are only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either Inlivo or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you represent and warrant that:
You can at any time choose to cancel your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. Please note that if you have subscribed to Inlivo through the use of App Store or any other such service provider, you can only cancel your subscription through the use of their services. Special terms and conditions apply to Inlivo Premium.
ALL INFORMATION CONTAINED ON THE SERVICES (INCLUDING THE SITE, APPS, AND CONTENT), INCLUDING NUTRITION INFORMATION, INGREDIENTS, FOOD ALLERGENS, AND INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS MEDICAL ADVICE.
WHILE INLIVO TRIES TO KEEP THE INFORMATION AS ACCURATE AS POSSIBLE, INLIVO DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON MANUFACTUER INFORMATION, THIRD PARTY INFORMATION, INLIVO USERS’ INFORMATION OR ON RATINGS AND ASSESMENTS GENERATED BY INLIVO. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
INFORMATION ON THIS SERVICE MAY BE CHANGED OR UPDATED WITHOUT NOTICE. INFORMATION MAY BE OUT OF DATE AT ANY GIVEN TIME SINCE INLIVO HAS NO OBLIGATION TO UPDATE INFORMATION ON THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR USING THE INFORMATION ON THE APP, AND YOU UNDERSTAND AND AGREE THAT INLIVO IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM USE OF THIS SERVICE.
No Medical Advice
Inlivo is not responsible for your health. Inlivo is not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to track and visualize their eating habits and physical activities.
THE INFORMATION PROVIDED ON THE SERVICES IS FOR EDUCATIONAL PURPOSES, IS NOT TO BE USED AS THE BASIS FOR TREATMENT OF ANY CONDITION OR ILLNESS, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN OUR SERVICES IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THIS SERVICE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE NOR DOES IT ESTABLISH A DOCTOR-PATIENT OR HOSPITAL PATIENT RELATIONSHIP.
This section only applies when you purchase and/or subscribe to Inlivo Premium or other paid products. By paying the subscription fee you get access to Inlivo Premium during the time your subscription is valid, subject to these Terms.
All subscriptions with Inlivo Premium are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Inlivo through the use of App Store or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found on the mobile application. Special terms and conditions may apply. Inlivo reserves the right to change the subscription fees from time to time.
You hereby consent to start using the Services immediately upon subscribing with Inlivo Premium or other paid products. This means that you will only have 14 days to withdraw from the contract with Inlivo Premium from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. You can contact Apple at http://support.apple.com/kb/ht4098. Default in payment shall not be deemed as a termination of an Inlivo Premium subscription.
All rights in and to the Services, including any trademarks, service marks, trade names and content (collectively “Intellectual Property”) presented within the Service are the property of Inlivo and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.
By submitting User Material to Inlivo, you hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with the Services as described herein; (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party; (c) Your User Content, and Inlivo’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Content by Inlivo as permitted hereunder; (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; (f) all factual statements submitted by you are accurate and not misleading; and (g) Your User Content does not in any other way violate the Using our Services Policy. You agree to grant Inlivo a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Inlivo to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by Inlivo in accordance with these Terms.
Disclaimer and Limitation of Liability
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES INFORMATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, INLIVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE INLIVO APP, OR WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED THROUGH THE INLIVO APP. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, INLIVO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES OR OTHER INFORMATION PROVIDED THROUGH THE INLIVO APP OR ON THE INTERNET GENERALLY. IN NO EVENT WILL INLIVO BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE INLIVO SERVICES. IN NO EVENT SHALL INLIVO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. INLIVO DOES NOT ASSUME ANY RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS, INCLUDING USER MATERIAL, WHICH ARE REFERENCED BY OR LINKED TO.
For the sake of clarity, Inlivo doesn’t undertake the obligation to monitor the contents of User Material.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without Inlivo’s prior written consent. Inlivo is entitled to assign its rights and/or obligations under these Terms.
Inlivo reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, on the mobile application or provide you with notice. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Inlivo reserves the right to refuse the Service to anyone for any reason at any time. Inlivo may revise these Terms from time to time and the most current version will always be posted on Inlivo’s website (http://inlivo.com/). Any and all material changes shall become into effect between you and Inlivo upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renewing your subscription).
Governing Law and Dispute Resolution
These Terms and the use of the Services are governed by and interpreted in accordance with the laws of Republic of Bulgaria, without giving effect to any principles of conflicts of laws. Parties hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the application shall be filed, and that venue properly lies, only in the Court of Sofia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You and Inlivo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Inlivo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Inlivo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the Terms of the “Disclaimer and limitation of liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Changes. Notwithstanding the provisions of the “Modification” section above, if Inlivo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Inlivo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the sites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver of by Inlivo of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Inlivo to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and Inlivo with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
If you have any questions about these Terms and Conditions, please contact Inlivo at firstname.lastname@example.org.