Terms of Use and End User License Agreement
Last updated: December 2024
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the
“Agreement”), together with all referenced documents, constitute a
legally binding agreement between you as an individual (“you,”
“your,” or “user”) and EBASH GROUP FZE LLC (“we,” “us,” or “our”), regarding
your access to and use of the web pages available at the domain 'nutrivisor.io' (hereinafter, the 'Website'), as well as your purchases of
subscriptions and other optional features related to the App.
All the documents that relate to the Website are hereby expressly
incorporated herein by reference.
Please carefully read this Agreement before using the Website or
making any purchases.
It is important that you read and understand this Agreement as by
using the Website or making any purchases you indicate that you have
read, understood, agreed and accepted the Agreement. By using the
Website or making any purchases you agree to abide by this
Agreement.
If you do not agree with this Agreement or any of its provisions,
you are not authorized to access or use the Website, and you must
promptly discontinue any access, use, or purchases.
Note that the present Agreement governs only the use of the Website
and
does not regulate the use of Nutrinaut - Calorie Tracker
mobile App introduced on the Website
(hereinafter, the “App”). Therefore, if you want to learn the rules
and regulations applicable to the App introduced on the Website,
please visit the corresponding App (for iOS) Terms of Use.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE WEBSITE
The Website is not intended for children. Therefore, we do not
knowingly or intentionally collect or solicit any personal
information from children. For the purposes of this section the
terms “child” and/or “children” in the context of data processing
activities may be interpreted on a case-by-case basis as prescribed
by applicable data protection laws. No one who is considered a
“child” under applicable data protection laws is allowed to directly
provide any personal information to the Website.
As a general rule we consider a person under the age of 16 to be
regarded as “a child” until we have legal grounds to conclude that a
person under 16 should be treated as an adult as per provisions of
local data protection rules or based on the parent authorization
provided to us directly.
Solely the holders of parental responsibility are liable for
preventing their children from providing personal information via
the Website without relevant verifiable parental consent. If we
learn that we have collected personal information from a child
without verification of parental consent, we will erase that
information as quickly as possible. If you reasonably believe that
we might have any information from or about a child, or a child has
directly provided us with personal information via the Website
without verifiable parental consent, please contact us.
IV. GENERAL TERMS
The Website is developed for general information and promotional
purposes. The Website provides information about the App (including
descriptions of its functionalities, subscription plans, guides,
etc.) and allows users to purchase tailored subscriptions and make
other optional purchases related to the App's features.
We care about people’s privacy. The Website may use AI-generated
photos and/or reviews to demonstrate weight management progress,
which are based on real experiences and/or scientific evidence or
calculations related to weight management programs provided through
our services or similar services.
The Website is intended only for your personal non-commercial use.
You shall use the Website only for the purposes mentioned above.
You agree not to use the Website for any illegal, inappropriate or
unauthorized purpose or activity.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the Website. Please read our Privacy Policy carefully.
VI. END USER LICENSE AGREEMENT
By using the Website, you undertake to respect our intellectual
rights (intellectual rights related to the Website’s source code,
graphic design, user interface, look and feel of the Website,
content material, copyright and trademarks, hereinafter referred to
as the “Intellectual Property Rights”) as well as those owned by
third parties.
As long as you keep using the Website, we grant you a limited,
non-exclusive, non-transferable, non-sublicensable, non-assignable
and revocable right to access and use the Website pursuant to this
Agreement (the “License”).
You may use our Website, as well as purchased guides and other
works sent to you via email, solely for your own non-commercial
purposes. You must respect the copyrighted and trademarked
material on the Website and related to purchases. You may not sell
pictures, articles, videos, or other materials available on the
Website, nor any purchased guides or other works sent to you via
email.
The source code, design, and content, including information,
photographs, articles, illustrations, artwork, and other graphic
materials, sounds, music, or video (hereinafter referred to as the
'works'), as well as purchased guides and other works sent to you
via email, along with names, logos, and trademarks (hereinafter
referred to as 'means of individualization') within the Website, are
protected by copyright, other relevant laws, and/or international
treaties, and belong to us, our partners, or contracted third
parties, as applicable. It is prohibited to use purchased guides and other works sent to
you via email for any commercial purpose without our written
permission.
These works and means of individualization may not be copied,
reproduced, retransmitted, distributed, disseminated, sold,
published, broadcasted or circulated whether in whole or in part,
unless expressly permitted by us and/or our partners and/or
contracted third parties, as the case may be.
All rights, title and interest in and to the Website and its
content, works and means of individualization as well as its
functionalities (1) are the exclusive property of EBASH GROUP FZE LLC and/or
our partners and/or contracted third parties, (2) are protected by
the applicable international and national legal provisions, and (3)
are under no circumstances transferred (assigned) to you in full or
in part within the context of the License herewithin.
We will not hesitate to take legal action against any unauthorized
use of our works, trademarks, names or symbols to protect and
restore our rights. All rights not expressly granted herein are
reserved. Other product and company names displayed on the Website
or mentioned herein may also be the trademarks of their respective
owners.
VII. PROHIBITED BEHAVIOR
You agree not to use the Website in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not modify, translate into other languages, reverse
engineer, decompile, disassemble or otherwise create derivative
works from the Website or any documentation concerning the Website,
as well as purchased guides and other works sent to you via email.
It is prohibited to use purchased guides and other works sent to you
via email for any commercial purpose without our written permission.
You shall not transfer, lend, rent, lease, distribute the Website,
or use it for providing services to a third party, or grant any
rights to the Website or any documentation concerning the Website to
a third party.
The misuse of any trademarks or other content displayed on the
Website, as well as purchased guides and other works sent to you via
email, is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish
and/or use any content in the Website, as well as purchased guides
and other works sent to you via email, directly or indirectly, by
way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the Website or part
thereof for malicious intentions.
Also we are not responsible for the way you use the Website.
It is clarified that we may adopt, against a user who violated the
present Agreement, any legal measures at our disposal pursuant to
the applicable laws.
VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY
In order to use the Website, you are required to have a compatible
electronic device (computer, mobile phone or tablet) and Internet
access. In some cases, you may need to provide a valid email address
to which we can send guides and other works related to your
purchases.
We do not warrant that the Website will be compatible with all
hardware and software which you may use.
We make no warranty that your access to the Website will be
uninterrupted, timely or error-free.
You acknowledge that the Website is provided via the Internet,
therefore, the quality and availability of the Website may be
affected by factors outside our reasonable control.
We may add new features to the Website, change, update, upgrade,
modify it or anything described in it without noticing you. If the
need arises, we may suspend access to the Website, or close it
indefinitely.
You also warrant that any information that you submit or send us via
the Website is true, accurate and complete. If you decide not to use
the Website for any reason you should stop accessing the Website.
IX. CHARGES
Please note that access to some services and/or additional features
within the App (“Premium options”) requires paid subscriptions. The
list of Premium options for the App is generally provided on the
App’s page on the App Store.
You also have the opportunity to purchase our guides and other works
on our Website, which will be sent to you via email. Key information
about these purchases is provided on the purchase page of the
Website.
To learn more about purchases, free trial periods, how to cancel
your subscription, payment methods, our refund policy, etc. visit
our
Subscription Additional Purchases Terms.
X. THIRD PARTY WEBSITES AND RESOURCES
The Website as well as purchased guides and other works sent to you via email may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which the Website or purchased guides and other works sent to you via email may link (unless we are the provider of those linked websites or applications). Such linked third party websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE AS WELL AS BY THE PURCHASED GUIDES AND OTHER WORKS SENT TO YOU VIA EMAIL. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY COUNTRY.
Please note that all content available on or through the Website, as well as purchased guides and other works sent to you via email, is provided for general information and promotional purposes only. Such content is not intended to be and is not a substitute for any professional advice. EBASH GROUP FZE LLC expressly disclaims and you expressly release EBASH GROUP FZE LLC from any and all liabilities arising from any claim, loss, injury and/or damage resulting from your use of any content available within or through the Website, as well as purchased guides and other works sent to you via email.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. GOVERNING LAW AND CLAIMS
Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.
All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.
We make no representations that the Website is appropriate or available for use outside of the USA. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the Website from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal;
b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including non-contractual claims) arises out of or relates to the Website, the services provided by the Website, purchased guides and other works sent to you via email, or this Agreement, you and we agree to send each other written notice of the dispute, including a reasonable description and a proposed resolution. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XV. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the Website and(or) purchased guides and other works sent to you via email.
XVI. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to your requests, questions, commentaries or suggestions. For these purposes, you can contact us through the “Contact Us” form available on the Website or via email at support@nutrivisor.io.