Dietble — Changing Eating Behaviour

DIETBLE TERMS OF USE

[Last Modified: October 14, 2018]

 

These terms of use (“Terms of Use”) are a legally binding agreement between Dietble (“Dietble”, "we", "us", "our") and you, a user of our mobile application known as “Dietble” (“user" or "you" and “App” respectively) and governs your use of App and the services provided therein. It is important and recommended that you take the time to read these Terms of Use carefully prior to using the App and its services.

 

ACCEPTANCE OF TERMS

BY INSTALLING, ACCESSING OR USING THE APP AND THE SERVICES PROVIDED THEREIN YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE. YOU AGREE TO BE BOUND AND TO FULLY COMPLY WITH THE TERMS HEREIN. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS YOU MUST CEASE USING THE APP AND UNINSTALL.

 

AMENDMENTS   

We reserve the right to periodically amend or revise these Terms of Use at our sole discretion; such changes will be effective immediately upon the display of the revised terms. The last revision date will be reflected in the "Last Modified" heading. Your continued use of the App following the notification of such amendments constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to provide a written notification.

 

ELIGIBILITY AND MEDICAL DISCLAIMER

THE APP AND SERVICES AS DEFINED BELOW) ARE NOT INTENDED FOR INDEPENDENT USE BY USERS UNDER THE AGE OF EIGHTEEN (18), OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. BY USING THE APP, YOU REPRESENT AND WARRANT YOU MEET THIS CRITERIA. YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH, DIET RESEARCH AND ANY PERSONAL HEALTH DECISIONS YOU TAKE, AS WELL AS RESPONSIBLE FOR CONSULTING WITH YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR OTHER EATING HABBITS.

 
WE DO NOT PROVIDE MEDICAL SERVICES. THE CONTENT OF THIS APP IS PROVIDED AS AN INFORMATION SOURCE AND A HELPFUL TOOL HOWEVER IT IS NOT INTENDED AS, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THIS APP IS NOT MEANT TO REPLACE OR SUPERSEDE THE INSTRUCTIONS OF YOUR PHYSICIAN OR DIETITIAN. AS ALWAYS FOR TREATMENT MANAGEMENT CONCERNS, CONTACT YOUR CLINIC PHYSICIAN OR DIETITIAN DIRECTLY.

 

IN THE EVENT YOU USE THE APP AS PART OF YOUR ENGAGEMENT WITH A THIRD-PARTY NUTRITIONIST (AS DEFINED BELOW) NOTE THAT WE ARE NOT A PARTY TO THIS ENGAGEMENT AND WE ARE NOT RESPONSIBLE NOR SHALL NE LIABLE FOR ANY SERVICES PROVIDED BY THIS THIRD-PARTY NUTRITIONIST, NOR ANY ADVICE, INCLUDING MEDICAL ADVICE.

 

SERVICES & THIRD-PARTY NUTRITIONIST

The App is intended to raise your awareness to automatic eating behaviors, how to change them and achieve nutritional behavioral goals by monitoring your eating habits. With Dietble you can monitor yourself and find where, when, and how to change your eating patterns that are bothering you or hindering your success in achieving your personal nutritional goals (“Self-Services”).

 

The App may be offered for use as part of a third-party nutritionist you engage with (“Third Party Nutritionist”). You may also choose Third party Nutritionist who offer their services through the App. Note that, the Third-Party Nutritionist are independent parties which are not endorsed or promoted by us. If you engage with a Third-Party Nutritionist in order to receive its services or choose a Third-Party Nutritionist through the App (“Third Party Services”), you acknowledge and agree that we are not a party of such engagement and we are not responsible or liable, directly or indirectly, for the Third-Party Services its availability, advice, or any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third-Party Services. Access and use of any Third-Party Services, including the information, materials and Services on or available through the Third-Party Services is solely at your own risk. We have no control over and assume no responsibility for Third Party Services. You assume all responsibility and risk in connection with your use of Third-Party Services and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Services and are not responsible for the accuracy, completeness, appropriateness or legality of Third-Party Services. The availability of any Third-Party Services as part of the App is not an endorsement, authorization or approval of such Third-Party Services, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

 

(The Self Services and Third-Party Services will be collectively referred to as the “Services”) 

 

In order to use the Services (as defined below), you will be required to create an account (“Account”). You are responsible for maintaining the confidentiality and for restricting the access to your Account and password and you are solely responsible for all activities which occur under your Account. You agree to immediately notify us of any disclosure or unauthorized use of your Account at: info@dietble.com. You hereby represent and warrant that any and all information provided by you through the Service and within creating the Account is and will be accurate and complete. Using your Account credentials, you could have access to it from any device that supports our App. If you log in the App from a device that is not privately yours it is in your sole responsibility to “logout” of your Account.

 

INTELLECTUAL PROPERTY

The App and all content available therein, including but not limited to text, logo, design, images, etc., as well as any component, software, code, algorithm, know-how, and any updates or modifications (collectively, “Content”) is owned by Dietble or its third-party partners and provided for your personal and non-commercial use, all subject to the terms herein. You are granted with a limited, non-exclusive, non-transferable, non-commercial license to access the App and use the Service. Except as provided herein, we reserve any and all rights, title and ownership of the Service, App and Content.

 

RESTRICTIONS OF USE

You agree only to use the App and Services as set forth in these Terms of Use and according to applicable laws and regulations. You shall not agree to; nor shall you authorize or encourage any third party to: (i) use the Service in non-compliant or illegal manner; (ii) prevent others from using the Service; and (iii) use the App and Service for any fraudulent or inappropriate purpose. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms of Use. Further, you shall not: (i) circumvent, disable or otherwise interfere with security-related features of the App and Service; (ii) modify, create a derivative work of, reverse engineer, disassemble the Services or Content; (iii) remove, deface, obscure, or alter the App and Service or any Content therein; (iv) use the App and Service for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the App and Service; (v) use any robot, spider, other automated device, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the App; or (vi) otherwise use the App, Service or Content in any unlawful manner or in breach of these Terms.

 

We may prevent you from using the App and our Services if we become aware of any action which breaches or which is reasonably construed as a breach of these Terms of Use. We may also limit your use of the App for any other reason and retain the right to terminate your use of the App at our sole discretion. WE MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SERVICE AT ANY TIME. YOUR ACCESS TO THE APP AND USE OF THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.

 

PRIVACY

Our Privacy Policy http://www.dietble.com/Privacy.html describes how we access, use, store and share your data when you access the App and use the Services, and is incorporated in these Terms of Use by reference. We encourage you to carefully review our Privacy Policy prior to your use of the App.

 

DISCLAIMER OF WARRANTIES

THE APP AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENTE.  DIETBLE DOES NOT WARRANT THAT THE APP, CONTENT AND SERVICES WILL OPERATE ERROR-FREE, OR THAT THE APP, CONTENT AND SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT DIETBLE WILL CORRECT ANY ERRORS IN THE SERVICE OR APP. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE IS OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME.  YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS NOR LOSS OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW,  DIETBLE (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR SERVICE EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Dietble and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the App and Services does not comply with these Terms of Use including negligence and wrongful act; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms of Use or any applicable law and regulation. This indemnification obligation will survive the termination or expiration of these Terms of Use and the termination of your use of the App or Services.

 

TERMINATION & SERVICES MODIFICATION

These Terms of Use shall be in effect upon installation of the App and shall remain in full force and affect until terminated by either party. You may terminate these Terms of Use by uninstalling the App at any time. We may terminate this Terms of Use for, the Services or the availability of the App ant any time, with or without cause. NOTE THAT UPON TERMINATION: your Account and any data therein may be deleted, subject to our Privacy Policy. Once the Account is deleted you will not be able to recover it. Therefore, if you wish to use the Service again, you will need to create a new Account. Further, you or your Third-Party Nutritionist are solely liable to keep records of all information you find needed.

 

MISCELLANEOUS

These Terms of Use constitute the entire understanding between the parties with respect to the use of the App or Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of Dietble to enforce any rights or to act against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms of Use shall be governed and construed in accordance with the laws of Israel. The competent courts of Tel-Aviv, Israel shall have exclusive jurisdiction for any dispute arising out of these Terms of Use.

 

CONTACT US

If you have any questions or concerns regarding these Terms, please contact us at:

SHIVUY MISHKAL

62 Hey Be'Iyar St., Tel Aviv Israel

Email: info@dietble.com