TERMS OF SERVICE
Last Updated on Jul 1st, 2023.
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-MAN-MEALPLAN.COM) OR OTHER ORGANICAPPS PRODUCTS, AVAILABLE ON THE APPLE APP STORE AND/OR THROUGH THE WEBSITE WWW.MYORGANICAPPS.COM
OUR WEIGHT LOSS FITNESS AND MEAL PLANS GENERATED IN THE APPS ARE AVAILABLE ONLY FOR IPHONE AND ANDROID USERS RIGHT NOW. IF YOU HAVE ANOTHER DEVICE MODEL AND PURCHASED OUR APP, PLEASE CONTACT US [email protected]
1. Purpose and definitions of the Terms of Service
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.
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.
«We,» «us,» «Organic Apps Inc.,» or «Organization» refers to Organic Apps Inc.
«User,» «you,» or «your» refers to you as a user of the Services. A user is someone who accesses or uses the Services to share, display, hosting, publish, transact, upload information, or view pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to paid services.
«Services» include all services Organic Apps Inc. may offer the User through Mobile Apps, emails, and websites.
«User Account» is a separate part of the Mobile App and website, containing User information OrganicApps requires during registration. The User accesses the User Account 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 you submit 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 from parties other than OrganicApps or its Users and is available in or through the Services.
2. Acceptance of the Terms of Service
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
- 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.
3. Changes to the Terms of Service
OrganicApps may amend, change or update these Terms of Service, from time to time, entirely at its discretion. You shall be responsible for checking these Terms occasionally and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
4. 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.
5. Eligibility to Use the App
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 outlined 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 before you using the Service.
6. Account Registration and Security
You must create a User Account and provide certain information about yourself 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 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 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).
7. User Conduct and Prohibited Activities
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 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 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 destructive (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. Compliance with 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.
9. Limitations and Availability of the Services
The Mobile Apps and websites may be modified, updated, interrupted, suspended, or discontinued without notice or liability.
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 initiative and are responsible for compliance with local laws.
10. Third-Party Services and Integration
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 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 incurred as a result of any such dealings or the presence of such other advertisers on the Mobile Apps or websites.
Privacy and Data Collection
12. Collection and Use of Personal Information
In order to use websites located at the 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 and analyze how our customers use the Website to serve ads.
13. Protection and Security of User Data
14. 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, and 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 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][(mailto:[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.
15. User-Generated Content and License Grant
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone’s reliance on the quality, accuracy, 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 false material, 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 incentives to post a review that was not a fair expression of your honest opinion.
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, and create derivative works.
You grant us the right to use the name or username 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.
16. 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.
Payment and Subscription
17. Subscription Terms and Fees
Some features of the Services may only be accessed and used upon paying 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 before your purchase or one-time payment fee; or (2) pre-payment giving you access to the Service for a specific 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 would nevertheless be allowed to use all of the Service’s functions for a certain period 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 made 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 your 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 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.
We may offer a free trial subscription for the Service. A 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. 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 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.
In the receipt, the product names can be as follows:
- OrganicDance: MyOrganicApp'DanceApp, OrganicDance'DanceEUR, OrganicDance'DanceUSD, Myorganicapps.DanceApp, ORGANIC-DANCE-FIT.COM.
- OrganicFit: MyOrganicApp'FitApp, MyOrganicApp'FitEUR, MyOrganicApp'FitUSD, Myorganicapps.FitApp, ORGANIC-FIT-MEALPLAN, WWW.MYORGANICAPPS.COM.
- OrganicMan: MyOrganicApp'ManApp, OrganicMeals'ManEUR, OrganicMeals'ManUSD, Myorganicapps.ManApp.
- OrganicMeals: MyOrganicApp'MealsApp, Myorganicapps.MealsApp.
- OrganicWalk: Myorganicapps.WalkApp.
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, OrganicMan, OrganicWalk, and OrganicMeals apps, 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 at our sole discretion. We will use good faith efforts to notify you before the effectiveness of any significant change to the Fee Schedule.
18. Recurring billing system
After the subscription is past due, OrganicApps reserves the right to attempt to charge your payment method until successful. The total number of attempted charges may vary during a calendar month.
In the event of a repeated unsuccessful charge according to your payment schedule («Fee Schedule»), the amount to be charged will be doubled: the debt for the previous period and the fee for the current one. At this stage, a discount system is activated: OrganicApps reserves the right to charge your payment method an amount at any discount of the current subscription fee.
In the case of a third unsuccessful charge, according to your payment schedule («Fee Schedule»), the amount to be charged will be the debt for the previous periods and the fee for the current one. The discount system is activated again.
The system operates until a successful charge is made. If any amount has been charged, even at a discount, the next subscription will be charged at the usual full price.
- When purchasing the plan, you agree to be charged the recurring payments according to the payment schedule (the «Fee Schedule»).
- OrganicApps reserves the right to charge debts for unpaid subscriptions.
- OrganicApps does not charge additional fees for unpaid subscriptions.
- You may be offered a discount on your next installment if you have been unable to pay the full cost of the subscription.
19. Refunds and Cancellations
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 a 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.
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.
Limitations of Liability
20. 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 services is done at your 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, 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 made at your discretion and risk.
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.
NO MEDICAL ADVICE
OrganicApps provides services through Mobile Apps or websites 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 before beginning or modifying any diet or exercise program. Using 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 THAT MAY HELP ACHIEVE 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, AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR SERVICE USE.
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 SUCCESS LEVEL 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.
You are responsible for maintaining the confidentiality of your username, password, and 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 defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense 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.
Governing Law and Dispute Resolution
22. Applicable Law
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.
23. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS YOU AND ORGANIC APPS INC HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Organization agree that we intend this Section to satisfy the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the App, (ii) any purchases or other transactions or relationships with Organization, or (iii) any data or information you may provide to Organization or that Organization may gather in connection with such use, interaction or transaction (collectively, “Organization Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or arbitration. By using or interacting with the App or engaging in any other Organization Transactions or Relationships with us, you agree to bind arbitration as provided below.
You further agree that:
(a) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(b) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by the arbitration company in our choice pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Organization;
(c) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(d) No Class Relief. The Arbitration can resolve only your and/or Organization’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated;
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(f) Arbitration Costs. In the event that you can demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, the Organization will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(g) Reasonable Attorney’s Fees. In the event you recover an Award greater than Organization’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Organization’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Organization shall in all events bear its own attorneys’ fees;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Organization shall be entitled to arbitrate their dispute and must instead bring any claims in a court of competent jurisdiction;
(i) Modification of Arbitration Clause With Notice. Organization may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Organization has given notice of such modifications and only on a prospective basis for claims arising from Organization Transactions and Relationships occurring after the effective date of such notification; and
(j) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Organization in your local small claims court within the U.S. if your claim is within such court’s jurisdictional limit, provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
24. Termination by the User
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 terminate these Terms properly nor for any credit card charges you incur as a result of your failure to terminate your subscriptions and this Agreement properly.
25. Termination by Organic Apps Inc
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.
26. Effect of Termination
In the event of any termination of these Terms, whether by you or us, Sections 1, 7, 10, 14-16, 17-19, 20, 21, 23, 24-25, and 27 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Sections 14-16.
27. Entire Agreement
- 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 stated in Section 10 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 using OrganicApps Mobile Apps, emails, and websites.
- If any provision of the Terms is found 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.
29. Contact Information
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:
- Email: [email protected] The OrganicApps support team usually replies within a day.
- Address: Organic Apps Inc 340 S LEMON AVE #1402 WALNUT, CA 91789 UNITED STATES.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.