TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES THROUGH THE MOBILE APPS (ORGANICFIT, ORGANICDANCE, ORGANICWALK, ORGANICMEALS, ORGANICMAN), WEBSITES (WWW.ORGANIC-FIT-MEALPLAN.COM, WWW.ORGANIC-DANCE-FIT.COM, WWW.TRACKER.MYORGANICAPPS.COM, WWW.WALK.ORGANIC-FIT-MEALPLAN.COM, WWW.KETO.ORGANIC-FIT-MEALPLAN.COM, WWW.FASTING-FIT-MEALPLAN.COM, WWW.VEGAN.ORGANIC-FIT-MEALPLAN.COM, WWW.ORGANIC-FIT-MAN.COM) OR OTHER ORGANICAPPS PRODUCTS, AVAILABLE ON THE APPLE APP STORE AND/OR THROUGH THE WEBSITE WWW.MYORGANICAPPS.COM.
Last Updated on January 20th, 2022
IMPORTANT — OUR WEIGHT LOSS FITNESS AND MEAL PLANS GENERATED IN THE APPS ARE AVAILABLE ONLY FOR IPHONE USERS RIGHT NOW. IF YOU HAVE ANOTHER DEVICE MODEL AND PURCHASED OUR APP, PLEASE CONTACT US [email protected]
1. ACCEPTANCE OF THE TERMS
Thank you for using OrganicApps. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the OrganicApps Mobile Applications, available through the iOS App Store (the «Mobile Apps» or “OrganicApps”), including but not limited to delivery of information via the Mobile Apps; emails and WWW.MYORGANICAPPS.COM website.
Please read these Terms carefully
By accessing or using the Mobile Apps, emails, or websites, you are agreeing to these Terms and concluding a legally binding contract with Organic Apps Inc., a company incorporated and existing under the laws of the State of Delaware («Organic Apps Inc.»). Do not access or use the Mobile Apps, emails, and websites, if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Mobile Apps or websites; or
- Actually using the Services. In this case, you understand and agree that Organic Apps Inc. will treat your use of the Services as an acceptance of the Terms.
Organic Apps Inc. is a commercial company, providing the Services offered through Mobile Apps, emails, and websites.
«We», «us» or «Organic Apps Inc.» refers to Organic Apps Inc.
OrganicApps are mobile-based Internet platforms and websites, owned by Organic Apps Inc., a company incorporated and existing under the laws of the State of Delaware, registered under file number 6231120, having its seat and registered office at 341 Raven Circle Wyoming, Delaware 19934, which enables users to use the Services of the Mobile Apps and websites which are the subject of these Terms of Service.
«User» or «you» or «your» refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information, or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to paid services.
«Services» include any and all services, which Organic Apps Inc. may offer to the User, through the Mobile Apps, emails, and websites.
«User Account» is a separate part of the Mobile App and website, containing User information required by OrganicApps during registration. The User Account is accessed by the User by entering an email, Facebook or Google account, Apple ID, or a phone number and a password.
«Content» will include (but is not limited to) images, photos, audio, video, location data, ‘nearby places’, and all other forms of information or data.
«Your Content» or «User Content» is the content, submitted by you, as a User of the Mobile App and website. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, User Account information, and any other materials that you publicly display or are displayed in your User Account profile.
«OrganicApps Content» means content that OrganicApps create and make available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports, and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. «Third Party Content» means content that comes from parties other than OrganicApps or its Users and is available in or through the Services.
3. USING THE SERVICES
You hereby represent and warrant that you are at least sixteen (16) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties. The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
Mobile App and Website Availability
The Mobile Apps and websites may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through Mobile Apps or websites. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
Communications from OrganicApps
By creating a User Account, you agree to receive certain communications in connection with the Mobile Apps and Websites.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider, and airtime charges).
4. CHANGES TO THE TERMS
OrganicApps may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
5. TRANSLATION OF THE TERMS
OrganicApps may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with OrganicApps. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone’s reliance on its quality, accuracy, or reliability, disclosure, or truthfulness of the information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored, or endorsed by OrganicApps.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Mobile App and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion.
USER REVIEWS DO NOT REFLECT THE OPINION OF ORGANICAPPS
Right to use Your Content
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use and perform all or any portion of Your Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights with respect to Your Content brought against us, any third party services, and our and their users.
Ownership of Content
As between you and OrganicApps, you own Your Content. We own the OrganicApps Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Mobile App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights («IP Rights»), associated with the OrganicApps Content and the Mobile Apps and websites. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the OrganicApps Content, in whole or in part, except as expressly authorized by us.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act («DMCA») by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to Your Content and/or violation of these Terms of Service (e.g., violations of criminal laws) is: Andrew Goldman / e-mail: [email protected]. For clarity, only DMCA notices and notices relating to complaints in connection with Your Content or violations of these Terms of Service should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Services.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
- Violates any third party’s rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Violates those Terms;
- Violates any applicable law;
- Threatens, harms, harasses others, or promotes discrimination;
- Promotes a business or other commercial venture or event, or otherwise uses the Mobile App for commercial purposes;
- Engages in keyword spamming, or otherwise attempts to manipulate the Mobile App’s search results;
- Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Mobile App or its Content.
- Use any robot, spider, site or mobile app search/retrieval application in the Mobile App;
- Make attempts to reverse engineer any portion of the Mobile App;
- Remove or modify any IP rights notice that appears on any portion of the Mobile App or on any materials printed or copied from the Mobile App;
- Record, process, or mine information about other Users and clients;
- Attempt to gain unauthorized access to the Mobile App, the User Accounts, computer systems or networks connected to the Mobile App, through hacking, password mining or any other means;
- Use the Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, «Viruses»).
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favor of Organic Apps Inc., and this action should be considered as if it was included in this clause.
8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
9. THIRD PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Mobile Apps or websites to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties («Third Party Content«). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Organic Apps Inc. and Organic Apps Inc. is not responsible for any Third Party Websites accessed through Mobile Apps or websites or any Third Party Content posted on, available through or installed from the Mobile Apps or websites. You agree that we are not responsible for the availability of Third Party Content on such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Mobile Apps or websites may contain such advertising information or promotional material or other material submitted to Organic Apps Inc. by third parties. Responsibility for ensuring that material submitted for inclusion on the Mobile Apps or websites complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than Organic Apps Inc., found on or through the Mobile Apps or websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Organic Apps Inc. will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Mobile Apps or websites.
11. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents, or proposals («Feedback»), you agree that (I) your Feedback does not contain the confidential or proprietary information of third parties, (II) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (III) we may have something similar to the Feedback already under consideration or in development, and (IV) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against OrganicApps and its users, any claims and assertions of any moral rights contained in such Feedback.
Some features of the Services may only be accessed and used upon the payment of applicable fees (“Fees”). You may purchase a subscription or one time payment plan directly from the Company or through an App Store either by (1) paying a subscription in advance on a recurring interval disclosed to you prior to your purchase or one time payment fee; or (2) pre-payment giving you access to the Service for a specific time period (together or separately “Purchase”). Fees may vary depending on usage in accordance with our current pricing policy. If you did not initially register for a version of the Service that requires payment of a fee, you will nevertheless be allowed to use all of the Service’s functions for a certain period of time set by the developer («Free Trial Period»). Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you subsequently upgrade to a paid version of the Service.
Payment of Fees is done via the Apple iTunes Store, App Store, iBooks Store interface, Credit Card, Apple Pay, PayPal, or Other Allowable Payment Form.
If the issuer of your payment card refuses to authorize payment to Organic Apps Inc., we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. Organic Apps Inc., together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Mobile App are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Organic Apps Inc. server.
Fees are payable in the User’s local currency or depending on the settings in the Apple iOS Store, your credit card, or PayPal account. You hereby authorize us to charge your credit card for such amounts once or on a regular weekly, monthly, quarterly, semi-annually or yearly basis starting at the beginning of your subscription and continuing until the time your subscription is terminated. If we are for any reason unable to charge your credit card for the subscription, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the OrganicApps services, including prepayments, are not refundable.
Your subscription renews automatically at the end of each period until you cancel. Note that deleting the app does not cancel your subscriptions.
If you purchased a subscription or enabled trial on the App Store:
You may cancel a free trial or a subscription anytime by turning off auto-renewal through your Apple ID account settings. To avoid being charged, cancel the subscription in your Apple ID account settings at least 24 hours before the end of the free trial or the current subscription period. You alone can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
Subscriptions purchased via other allowable payment forms are subject to OrganicApps Money Back Policy. Please contact [email protected].
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the renewal term.
We may offer a free trial subscription for the Service. Free trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
By using the Service, you agree to be bound by the Money Back Policy, which is incorporated into these Terms. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you order the Purchase, you acknowledge and agree that you accept and consume the Purchase promptly once your Purchase is complete and therefore your right of withdrawal is lost at this point.
Fees for the OrganicApps weekly service
If you opt to sign up for the OrganicApps services weekly subscription plan, you will be subject to weekly subscription fees in accordance with the Fee Schedule and related information (the «Fee Schedule»). You will be required to submit payment weekly in advance for access to the OrganicApps services. Access to the OrganicApps services will be disabled until payment is received. Fees will be billed weekly on an ongoing and recurring basis even if you are not actively using the OrganicApps services.
Fees for the OrganicApps monthly service
If you opt to sign up for the OrganicApps services monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the «Fee Schedule»). You will be required to submit payment monthly in advance for access to the OrganicApps services. Access to the OrganicApps services will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the OrganicApps services.
Fees for the OrganicApps quarterly service
If you opt to sign up for the OrganicApps services quarterly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the «Fee Schedule»). You will be required to submit payment monthly in advance for access to the OrganicApps services. Access to the OrganicApps services will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the OrganicApps services.
Fees for the OrganicApps semi-annually service
If you opt to sign up for the OrganicApps services semi-annually subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the «Fee Schedule»). You will be required to submit payment monthly in advance for access to the OrganicApps services. Access to the OrganicApps services will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the OrganicApps services.
Fees for the OrganicApps annual service
If you opt to sign up for the OrganicApps services annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule. You will be required to submit payment annually in advance for access to the OrganicApps services. Access to the OrganicApps services will be disabled until payment is received. Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the OrganicApps services.
Fee Schedule for the subscription purchased on the App Store:
Your Fee Schedule is located in the Subscriptions tab in the account settings under «Billing Dates». The Fee Schedule displays the estimated next billing date and amount.
Fee Schedule for the subscription purchased on our website:
Your Fee Schedule is located in the App. Open the OrganicFit, OrganicDance, OrganicWalk, OrganicMeals app, go to your profile and select Manage Subscriptions.The Fee Schedule displays the estimated next billing date and amount.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Mobile Apps, websites and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You acknowledge and agree that the services, accessible on or through the Mobile Apps and websites are provided «as is» and «as available». To the fullest extent, permitted by the applicable law, OrganicApps disclaims all warranties, expressed or implied, including but not limited to the fact that: (I) the services, accessible on or through the mobile apps may be traded or suitable for a specific purpose, (II) the services, accessible on or through the mobile apps will operate without interruption and errors, (III) defects will be rectified, (IV) there are no bugs, viruses, trojan horses or the like, which may be transmitted to or through the services, following the actions of third parties, (V) the security methods used will be sufficient for the protection of the services and their users, and (VI) with regard to the correctness, accuracy or reliability, there will be no loss of data, content or information.
Downloading or otherwise obtaining materials through the use of the services is done at your own discretion and risk. You will be solely responsible for any damage to your computer, mobile phone, tablet or other device or for loss of data that results from the downloading of any such material. OrganicApps will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services related to the OrganicApps services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. The communication with OrganicApps, whether written or oral, in connection to, through the or as a result of using the services shall not create any warranties not expressly stated in the terms. unless you have been expressly authorized to do so in writing, you agree that when using the services, you will not use any trademark, trade name or logo of any company or organization in a way that is likely to cause confusion about the owner of such marks, names or logos.
OrganicApps makes no promises with respect to any third parties, such as any advertisers or contributors that can be seen on the mobile app or website or other users of the services. OrganicApps is not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with our services or any other goods or services promoted or featured on the mobile app.
Your purchase and use of products or services offered by third parties through the mobile app or website is done at your own discretion and risk.
OrganicApps ‘s maximum aggregate liability to you for losses or damages that you suffer in connection with the mobile app’s or website’s services is limited to usd 239.
Organicapps disclaims liability for any (I) indirect, special, incidental, punitive, or consequential damages, (II) loss of profits and resulting damage, (III) business interruption, (IV) reputational harm, or (V) loss of information or data.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. in such states, our liability shall be limited to the greatest extent permitted by law.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
NO MEDICAL ADVICE
OrganicApps provides the services through Mobile Apps or websites for you to track, manage, and share your fitness activities. The services do not contain or constitute, and should not be interpreted as, medical advice or opinion. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. Your use of mobile apps or websites does not create a doctor-patient relationship between you and OrganicApps.
THE SERVICE MAY NOT BE APPROPRIATE FOR ALL AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS AN INSTRUMENT, WHICH MAY HELP ACHIEVING YOUR FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE HEALTH RISKS AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, AND AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EXERCISES OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
15. DISPUTE RESOLUTION
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Mobile Apps and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to Organic Apps Inc. for accessing the Mobile App and the Services or USD 239, but in no event attorneys’ fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of OrganicApps.
This Agreement and all rights and obligations in connection with it are governed by Delaware law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent courts of the State of Delaware.
- You may terminate the Terms at any time by canceling your subscription, closing your User Account, discontinuing your use of the Mobile Apps or websites, or providing OrganicApps with a notice of termination. For terminating your User Account and these terms, we are neither responsible for your failure to properly terminate these Terms, nor for any credit card charges and fees you incur as a result of your failure to properly terminate your subscriptions and this Agreement.
- We may close your User Account, suspend your ability to use certain portions of the Mobile Apps or websites and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Mobile Apps, websites, Your Content, OrganicApps Content and/or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
17. GENERAL TERMS
- We reserve the right to amend, update, or discontinue the Mobile Apps or websites at our sole discretion, at any time, with or without reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms, by email or through the Mobile Apps.
- Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and Organic Apps Inc. regarding the use of OrganicApps Mobile Apps, emails and websites.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated so that the Terms shall otherwise remain in full force and effect.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the OrganicApps Mobile Apps, websites or the Organic Apps Inc. Services, or to receive further information regarding the Services, please contact OrganicApps using one of the following methods:
Organic Apps Inc340 S LEMON AVE #1402WALNUT, CA 91789UNITED STATES
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
In order to use websites located at host (the «Website», «Service»), we will ask you to enter your gender, age, current weight and height, target weight, body type, and food preferences. We also automatically collect from your device language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, Facebook ID, and other unique identifiers (such as IDFA and AAID). We need this data to provide our services, analyze how our customers use the Website, to serve ads.