[Last Modified: October 14, 2018]
ACCEPTANCE OF TERMS
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: firstname.lastname@example.org. 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.
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
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.
TERMINATION & SERVICES MODIFICATION
If you have any questions or concerns regarding these Terms, please contact us at:
62 Hey Be'Iyar St., Tel Aviv Israel