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OrthoFoodie B.V. Terms and Conditions

 

1. Introduction

Agreement to Terms

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and OrthoFoodie B.V. (“we,” “us” or “our”), concerning your access to and use of the OrthoFoodie mobile application and website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Company Information

OrthoFoodie B.V. is registered in the Netherlands with its office located at IJzerwerf 15, The Hague, The Netherlands. You can contact us at info@orthofoodie.app.

Effective Date

These Terms are effective as of August 1st 2024

 

2. Eligibility

Minimum Age Requirement

To use the Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction if different. By using the Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and to comply with all of its terms and conditions.

Account Creation

To access certain features of the Services, you may be required to create an account with OrthoFoodie. When creating an account, you agree to:

  • Provide true, accurate, current, and complete information about yourself as prompted by the registration form.
  • Maintain and promptly update the registration data to keep it true, accurate, current, and complete.

You are responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized use of your account or any other breach of security.

 

3. Account Information

Account Registration

To use certain features of the Services, you must register for an account. During registration, you agree to:

  • Provide accurate and complete information.
  • Update your information to maintain its accuracy and completeness.
  • Choose a strong password and keep it confidential.

Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

Account Termination

We reserve the right to terminate or suspend your account and access to the Services at our discretion, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, all rights granted to you under these Terms will cease.

 

4. License and Usage

License Grant

We grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms. This license does not include any resale or commercial use of the Services or its contents.

Usage Restrictions

You agree not to:
Use the Services for any unlawful purpose.
Modify, adapt, translate, or reverse engineer any part of the Services.
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
Interfere with or disrupt the Services or servers or networks connected to the Services.

 

5. User Content

Ownership of User Content

You retain ownership of any content, including but not limited to text, photos, and other materials, that you submit or post through the Services (“User Content”). By submitting User Content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services.

License to OrthoFoodie

By submitting User Content, you grant OrthoFoodie and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in any media formats and through any media channels now known or hereafter developed. You agree that this license includes the right for OrthoFoodie to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use.

User Content Guidelines

You agree that you will not post or submit any User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
  • Infringes the intellectual property rights, privacy rights, or other legal rights of any third party.
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files.

We reserve the right to remove or modify any User Content that violates these guidelines or is otherwise objectionable at our sole discretion.

User Content Removal

We may, but are not obligated to, review, monitor, or remove User Content at our sole discretion and at any time and for any reason, without notice to you. We may remove any User Content that we believe violates these Terms or is otherwise harmful to the Services or our users.

 

6. Community Guidelines

Prohibited Conduct

To maintain a safe and supportive environment, you agree not to:

  • Post any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Engage in any activity that could harm minors or solicit personal information from minors.
  • Use the Services for any illegal activities, including but not limited to promoting or providing instructional information about illegal activities.
  • Violate the rights of others, including any intellectual property rights or privacy rights.
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • Use the Services to send spam or unsolicited messages.
  • Engage in disruptive or abusive behavior, including trolling or flame-baiting.

Reporting Violations

If you encounter any content or behavior that violates these Community Guidelines, please report it to us immediately. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these guidelines, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

 

7. Payments and Subscriptions

Pricing and Payment Terms

All payments for subscription plans or other paid services must be made using the payment methods specified on our website or app. Prices for subscription plans and other services are subject to change without notice. By purchasing a subscription plan, you agree to pay all applicable fees and taxes.

Subscription Plans

OrthoFoodie offers various subscription plans. Each plan’s specific terms, including pricing and duration, will be provided at the time of purchase. By subscribing, you authorize us to charge your chosen payment method for the applicable subscription fees. Your subscription will automatically renew at the end of each term unless you cancel it in accordance with our cancellation policy.

Cancellation and Refund Policy

You may cancel your subscription at any time by following the instructions on our website or app. If you cancel your subscription, you will continue to have access to the Services until the end of your current subscription period. No refunds will be provided for any unused portion of a subscription period.

Lifetime Deal Terms

From time to time, OrthoFoodie may offer a lifetime deal. The terms of the lifetime deal will be specified at the time of purchase. Lifetime deals are non-refundable and non-transferable.

8. Health and Nutritional Information

General Disclaimer

The information provided through the Services is for general informational purposes only and is not intended as medical advice. Always consult with a qualified healthcare professional before making any changes to your diet, exercise regimen, or health care plan.

No Medical Advice

OrthoFoodie is not a medical organization and does not provide medical advice or diagnosis. The content provided through the Services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking medical treatment because of something you have read or accessed through the Services.

Nutritional Information Accuracy

We strive to provide accurate nutritional information, but we do not guarantee the accuracy, completeness, or usefulness of any nutritional information provided through the Services. Nutritional information may be sourced from third parties, and we are not responsible for any errors or omissions in such information.

 

9. Third-Party Services and Links

Third-Party Services Integration

The Services may integrate with or provide links to third-party applications, websites, and services (“Third-Party Services”). These Third-Party Services are not under our control, and we are not responsible for their content, privacy policies, or practices. By using the Services, you acknowledge and agree that we provide access to these Third-Party Services “as is” and “as available” without any warranties, express or implied.

Links to Third-Party Websites

The Services may contain links to third-party websites. These links are provided for your convenience only and do not signify our endorsement of such websites. We have no control over the content of these websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked from the Services, you do so at your own risk.

 

10. Privacy Policy

Data Collection

We collect personal data from you in accordance with our Privacy Policy. This may include information that you provide directly to us, information that we collect automatically when you use the Services, and information that we obtain from third-party sources.

Use of Data

We use the information we collect to provide, maintain, improve, and personalize the Services, to communicate with you, and to protect the rights of OrthoFoodie and our users. For detailed information on how we use your data, please refer to our Privacy Policy.

Data Sharing

We may share your information with third-party service providers who perform services on our behalf, as well as with other third parties as described in our Privacy Policy. We require these third parties to protect your information to the same extent we do.

Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, and destruction. However, no electronic transmission or storage of information can be entirely secure, so we cannot guarantee the security of your personal data.

Children’s Privacy

The Services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete that information.

 

11. Service Modifications and Availability

Changes to Services

We reserve the right to modify, suspend, or discontinue the Services, or any part thereof, at any time with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

Service Updates

We may provide updates, patches, and other modifications to improve the performance and user experience of the Services. You agree to receive such updates and that the Terms will apply to all such updates.

Service Suspension

We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users or our business interests.

 

12. Intellectual Property

Ownership of Content

All content, features, and functionality (including but not limited to text, graphics, logos, images, and software) provided through the Services are owned by OrthoFoodie, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks and Copyrights

The OrthoFoodie name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of OrthoFoodie or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

 

13. Disclaimers and Limitation of Liability

No Warranty

The Services are provided on an “as is” and “as available” basis. OrthoFoodie makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, or materials included therein. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by applicable law, OrthoFoodie shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Services.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party.
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

In no event shall our aggregate liability for all claims relating to the Services exceed the greater of one hundred euros (€100) or the amount you paid us, if any, in the past twelve months for the Services giving rise to the claim.

 

14. Indemnification

User’s Indemnity Obligations

You agree to indemnify, defend, and hold harmless OrthoFoodie, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

 

15. Dispute Resolution

Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles.

Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [City], Netherlands, before one arbitrator. The arbitration shall be administered by [Arbitration Organization] pursuant to its [Arbitration Rules]. Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

16. Miscellaneous

Changes to Terms

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Contact Information

For further information, inquiries, or assistance, you may contact us at info@orthofoodie.app.

Entire Agreement

These Terms constitute the entire agreement between you and OrthoFoodie regarding the use of the Services and supersede any prior agreements between you and OrthoFoodie relating to your use of the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OrthoFoodie’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

17. User Obligations and Responsibilities

User Obligations

As a user of the Services, you agree to:

  • Comply with all applicable laws and regulations.
  • Provide accurate and truthful information.
  • Use the Services only for lawful purposes.
  • Respect the rights of other users.

Prohibited Activities

You agree not to:

  • Engage in any activity that could disrupt, damage, or impair the Services.
  • Attempt to gain unauthorized access to any part of the Services or to any other user’s account.
  • Use the Services to transmit any harmful or malicious code or to spam, phish, or engage in similar activities.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

18. Beta Testing

Beta Testing Terms

From time to time, OrthoFoodie may invite users to participate in beta testing of new features or services. By participating in beta testing, you agree that:

  • The features or services being tested are provided “as is” and may contain bugs or errors.
  • You will provide feedback as requested by OrthoFoodie.
  • OrthoFoodie may modify or discontinue the beta features or services at any time without notice.
  • Your participation in beta testing is voluntary and does not create any legal obligation between you and OrthoFoodie.

 

19. Feedback and Suggestions

Feedback and Suggestions

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at feedback@orthofoodie.app or through any other communication means provided by us. You acknowledge and agree that all Feedback will be the sole and exclusive property of OrthoFoodie and you hereby irrevocably assign to us all of your rights, title, and interest in and to all Feedback, including any intellectual property rights therein.

 

20. Mobile Application Usage

Mobile Application Usage

If you access the Services through a mobile application, you acknowledge that:

  • The terms of this agreement apply to your use of the mobile application.
  • You may be required to install updates to the mobile application in order to continue using the Services.
  • The mobile application may request access to certain permissions or data on your mobile device to provide the functionality of the Services.
  • Your use of the mobile application is subject to the terms and conditions of the app store from which you downloaded the application.

 

21. User Support and Contact Information

User Support

If you have any questions, issues, or complaints regarding the Services, please contact our support team. We aim to respond to all inquiries promptly and efficiently.

Contact Information

You can reach our support team at info@orthofoodie.app.