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End User License Agreement (EULA)

1. Introduction

  • Agreement Overview: This End-User License Agreement (“Agreement”) is a binding contract between you (“User”) and OrthoFoodie B.V. (“Company”).
  • Acceptance of Terms: By downloading, installing, or using the OrthoFoodie app (“App”), you agree to be bound by these Terms and Conditions.
  • Updates to Agreement: The Company reserves the right to update this Agreement from time to time, and will notify users of any significant changes.

 

2. License Grant

  • Scope of License: The Company grants you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial use in accordance with this Agreement.
  • Restrictions and Prohibited Uses: You agree not to use the App for any unlawful purpose, modify, adapt, translate, or reverse engineer any part of the App, or reproduce, duplicate, copy, sell, resell, or exploit any portion of the App without express written permission from the Company.
  • Intellectual Property Rights: All intellectual property rights in the App and its content are owned by the Company or its licensors.

 

3. User Obligations

  • Compliance with Laws: You agree to comply with all applicable laws and regulations when using the App.
    Accurate Information: You must provide accurate, current, and complete information during registration and keep it updated.
  • Security and Account Management: You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.

 

4. Use of the Application

  • Permitted Uses: The App is intended for personal, non-commercial use. You may use the App to track your nutrition and fitness goals, access educational resources, and participate in community forums.
    • Prohibited Uses: You may not use the App to:
    • Engage in any unlawful activity.
      Post or transmit any material that is defamatory, offensive, or infringes on the rights of others.
    • Interfere with the operation of the App or any other user’s use of the App.
  • User Content and Contributions: You may submit content, including feedback, suggestions, and other information (“User Content”). By submitting User Content, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and distribute your User Content in connection with the App.

 

5. Consent to Use of Data

  • Collection and Use of Technical Data: You agree that the Company may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, to facilitate the provision of software updates, product support, and other services to you.
  • Privacy Policy Reference: Your use of the App is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy to understand our practices regarding your personal data.
  • Data Sharing with Third Parties: The Company may share your data with third parties for the purposes of improving the App and providing services to you, as detailed in the Privacy Policy.

 

6. User Content

  • Content Restrictions: You may not post or transmit any content that:
    • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
    • Infringes on any intellectual property or other proprietary rights of any party.
    • Contains any viruses, malware, or other harmful components.
  • Rights Granted to the Company: By posting content, you grant the Company a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, translate, distribute, and display such content.
  • Monitoring and Enforcement: The Company reserves the right to monitor content and to remove or refuse to post any content that violates these terms or is deemed inappropriate.

 

7. Third-Party Services

  • Integration with Third-Party Services: The App may enable access to third-party services and websites. These third-party services are not under the control of the Company, and the Company is not responsible for their content or services.
  • No Endorsement: The inclusion of any link to third-party services does not imply endorsement by the Company.
  • User Responsibility for Third-Party Services: You are solely responsible for your interactions with third-party services, and any transactions or agreements you enter into with third parties are solely between you and the third party.

 

8. Disclaimers

  • General Disclaimer of Warranties: The App is provided “as is” without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the App will be error-free or uninterrupted.
  • No Medical Advice: The App is not intended to provide medical advice or diagnose, treat, cure, or prevent any disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
  • Limitation of Liability: To the fullest extent permitted by law, the Company 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 or inability to use the App;
    • Any unauthorized access to or use of our servers and/or any personal information stored therein;
    • Any bugs, viruses, or the like that may be transmitted to or through the App 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 App.

 

9. Limitation of Liability

  • Types of Liability Exclusions: The Company will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
  • Maximum Liability Cap: In no event shall the Company’s total liability to you for all damages exceed the amount you paid to the Company for the App.
  • Jurisdiction-Specific Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the Company’s liability will be limited to the extent permitted by law.

 

10. Indemnification

  • User Indemnification Obligations: You agree to indemnify, defend, and hold harmless the Company, 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 App, or your violation of this Agreement.
  • Scope of Indemnification: This indemnification obligation will survive the termination of this Agreement and your use of the App.
  • Procedure for Claims: The Company will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending the claim, suit, or proceeding.

 

11. Modifications to the Application

  • Right to Modify or Discontinue: The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
  • Notice of Changes: The Company will attempt to notify users of significant changes to the App, but it is not obligated to do so.
  • Impact of Changes on Users: Continued use of the App following any changes to the App constitutes acceptance of those changes.

 

12. Termination

  • Conditions for Termination by Company: The Company may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement.
  • User’s Right to Terminate: You may terminate this Agreement by deleting the App and all copies thereof from your devices.
  • Effect of Termination: Upon termination, your right to use the App will cease immediately. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

13. Governing Law and Dispute Resolution

  • Applicable Law: This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Company is established, without regard to its conflict of law provisions.
  • Jurisdiction and Venue: You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction of the Company for the resolution of any disputes arising out of or relating to this Agreement or the App.
  • Arbitration Clause: Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the jurisdiction in which the Company is established.

 

14. Miscellaneous

  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
  • Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • Entire Agreement: This Agreement, along with the Privacy Policy and any other legal notices published by the Company, shall constitute the entire agreement between you and the Company concerning the App.
  • Contact Information: If you have any questions about this Agreement, please contact us at info@orthofoodie.app.