Last updated: August 10, 2020
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APP. By using this application, you signify that you have read, understand and agree to be bound by this Terms and Conditions and any other applicable law. The Company may change this Agreement at any time without any notice, effective upon its posting in the App. Your continued use of the App shall be considered your acceptance to the revised Terms. If you do not agree to this Agreement, please do not use this App.
You must be sixteen years of age or older to use the Service. If you are not sixteen years old, do not use the App.
- INTELLECTUAL PROPERTY
All intellectual property on the App is owned by the Company or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by the HealthyPicks. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is the proprietary property of the Company; All rights reserved.
- SYSTEM REQUIREMENTS
In order to use the Services, you’re required to have a compatible device, wireless access, and the necessary minimum specifications (“Software Requirements”). The current Hardware and Software Requirements for the Services are as follows: Apple iPhone or iPad devices running iOS 11+ or above, or any Android device running Android Nougat, 7.0, API level 24 or above, or such more advanced hardware and operating system as may be described in the iTunes App Store page for the App or in the Google Play page for the App. This may be updated in later product versions. The current version of the App software may be upgraded from time to time.
We’re not liable or responsible for any defects or non-compatibilities between our Service and your device, and we can’t, and don’t, make any representation that our Service will work to any particular degree of functionality or efficiency with any particular device.
Although our App is currently paid, we reserve the right to change this at any moment and to impose and increase or decrease fees for any aspect of the Service.
The Company does not offer refunds for any in-app purchases, so please be careful when you make purchases. If you feel an in-app purchase has been made in error, please contact Apple or Google Play for support.
- ACCOUNT REGISTRATION
To use our Service you shall establish an “Account”. When you do this, you’re required to connect by using your credentials from whether HealthKit or FitBit account. You are responsible for any activity from or by your Account, so you should not share your password, and you should protect it carefully. If you think your Account has been breached or taken over by another person, it’s your responsibility to contact us immediately.
- NO “BOTS” OR “SCRAPING” OR OTHER UNAUTHORIZED USE
You may not use automated means, such as automated software, devices, scripts, bots or other similar means to access the Service, or to use any other aspect of the Service. You also may not access the Service via any such means described above, for purposes of monitoring the Service’s availability, performance, functionality, or for any competitive purpose.
- CANCELLING YOUR ACCOUNT
You can cancel your Account by sending an email to firstname.lastname@example.org. Upon canceling your account, your content will no longer be visible or searchable in the App. Any obligations and restrictions imposed on you by these Terms will continue after termination or cancellation.
- DISCLAIMER OF WARRANTIES, NO “UP TIME” GUARANTEES
We do our best to provide the Service efficiently and well. However, the Service is provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including, for instance, implied warranties of title, non-infringement, merchantability and fitness for any particular purpose . This means that we do not promise, and you should not expect, that the Service will meet all of your requirements, or that they will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected. For instance, the Service may be subject to scheduled or unscheduled service interruptions, or even loss of data, for which you will not hold us liable or be entitled to any refunds.
- LIMITATION OF LIABILITY
In no event shall the Company or its licensors be liable to you for any special, consequential, punitive, exemplary, incidental or indirect damages of any kind (including without limitation the cost of cover, death, bodily injury, damages arising from loss of data, use, profits, goodwill, or from the effects of the misapprehensions of the Company’s SOS abnormal alerts), whether or not the Company has been advised of the possibility of such loss, however caused and on any theory of liability arising out of this Agreement. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
- WE MAY DISCONTINUE THE SERVICE
The Service exists only so long as we make it available, and all aspects of the Service, is a subject to change or elimination without prior notice to you. We have the right to limit access to or eliminate any features or functionality of the Service in our discretion, or to impose fees for such features or functionality, including new features.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents (all “Company Indemnified Parties”), from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or out of your Account, including but not limited to your violation of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
- RIGHT TO TERMINATE
We may at any time decide to alter, amend, modify, or terminate the Service, any functionality or portion of it and you understand that there is no guarantee that the Service (or any portion or functionality of it) will continue to operate or be available for any particular period of time. We may terminate your Account at any time if (in our sole discretion) we think you have violated these Terms, any law, or any right held by any other user or third party. If we do that, you will not receive a refund of any amounts you have spent on our Service.
- GOVERNING LAW – DISPUTE RESOLUTION
In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Service provided by the Company, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute amicably through alternative dispute resolution. These Terms and Conditions are governed by laws of England and Wales. In the event that litigation arises out of or in connection with your use of the Service provided by the Company, the parties undertake to seek an amicable solution before any legal action. In case of dispute, only The London Court of International Arbitration (LCIA) will be competent.
- ADDITIONAL TERMS AND DISCLAIMERS REGARDING APPLE, INC and GOOGLE LLC
The following shall apply in connection with the App:
- Both you and the Company acknowledge that these Terms are concluded between you and the Company only, and not with Apple or Google, and that Apple and Google are not responsible for the App;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
- You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google of such failure; upon notification, to the maximum extent permitted by applicable law, Apple’s and Google’s warranty obligation to you will be to refund to you the purchase price, if any, of the App, and Apple or Google shall have no other warranty obligation whatsoever with respect to the App and shall have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;
- For example, you acknowledge and agree that Apple and Google are not responsible for addressing any claims you or any third party may have in relation to the App, including but not limited to (i) product liability claims; (ii) any claim that the App fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Apple and Google will not be responsible for the investigation, defense, settlement or discharge of any such infringement claim;
- In connection with your use of the App, you agree to comply with any applicable third party terms of agreement which may affect or be affected by such use, including the Apple App Store Terms of Service and Google Play Terms of Service; and
- Both you and the Company acknowledge and agree that Apple, Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- ENTIRE AGREEMENT
These Terms are the full agreement between you and us regarding the Service, and it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us. There are no third party beneficiaries to this Agreement other than those explicitly identified as such in this Agreement.
- CONTACT US
If you have any inquiries or complaints, you may contact us:
By email: Legal@healthypicks.app, or
In writing: Vishnuplantsoen 9, 1363XD, Almere, The Netherlands