Terms and conditions
Effective date: 2024 - 12 - 06
These Terms of Use (hereinafter referred to as the Terms) apply to your access to and use of our mobile application “NutriHack” (“Application”), our websites (including, but not limited to NutriHack, Nutrihack.lt), our blog and all related services, features and content (collectively, the “Services”) provided by MB Nutrihack, with company code 306750691 and registered address Vasario 16-osios g. 11-43, Teleičių k., LT-53274 Kaunas r. (collectively, “NutriHack”, “Company” or “we”). The Terms are not concluded with Apple, Inc. and any of its subsidiaries, or Google, Inc. and any of its subsidiaries, or any other entity that may be applicable.
If you have any questions about the Terms or our services, please contact us at info@nutrihack.co .
Please read the Terms carefully. By accessing and/or using our Services, you acknowledge that you agree to the Terms and agree to be bound by them. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18 (Negotiable Dispute Resolution and Binding Arbitration Agreement), do not use NutriHack. Your continued use of NutriHack constitutes your acceptance of these Terms.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS AND/OR USE THE SERVICES.
1. Change of conditions
We may change the Terms from time to time. If the changes affect your rights, we will provide you with advance notice by email or through the Services, or by providing you with a new version of the Terms that you may agree to. Your continued use of the Services after the effective date of the updated version of the Terms will constitute your acceptance of the revised terms.
We reserve the right to make minor changes to the Terms without notice that do not materially affect your rights (e.g. technical corrections or description of a new feature).
2. Important announcements
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You understand that the Services are not medical or healthcare services and that they do not constitute a doctor-patient relationship .
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The Services may not be suitable for all individuals and are not a substitute for professional healthcare. The Services are intended solely as a tool that may be helpful in achieving general health, fitness, and wellness goals. You acknowledge that your diet and exercise are associated with risks, which may include the risk of bodily injury or death, and that you assume such risks. Before accessing or using the Services, you agree to release NutriHack from any known or unknown actions arising from your use of the Services .
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Consult a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect the health and safety of you, your family, or your fetus.
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Always consult a professional medical professional and do not rely on information obtained through our services. Do not delay seeking medical advice regarding information you have read on our platform.
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Always consult your healthcare professional if you have any questions or concerns about your health or if you notice any changes in yourself or your health. If you think you need emergency medical attention, call 911 or go to the nearest emergency room immediately.
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Always consult your healthcare professional if you have any questions or concerns about your health or condition, or if you notice any changes in your condition or health. If you think you have a medical emergency, call 911 immediately or go to the nearest open emergency room.
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We make no guarantees as to the success you may experience, and you agree that the underlying risk will vary from person to person. The testimonials and examples provided on the Services are for informational purposes only and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no guarantee that past fitness performance examples will be repeatable in the future. We cannot guarantee your future results and/or success, nor can we guarantee that the results you experience will be maintained if you do not continue to use the NutriHack app.
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In addition to all other limitations and disclaimers set forth in the Terms, NutriHack disclaims any liability or loss related to content provided through the Services.
3. Privacy
We care about your privacy. Please read our privacy policy, which can be found at Nutrihack.lt/privatumo-politika .
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The Privacy Policy is an integral part of the Terms. In the event of any inconsistency between the Terms and the Privacy Policy, the Terms shall prevail.
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The Services are not designed or intended to attract children under the age of 16. We do not collect personally identifiable information from anyone we know to be under the age of 16 .
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If you know of anyone who is not following these restrictions, please contact us at info@nutrihack.co and we will take action to remove their account.
4. Use of the Services
You will use the Services only:
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for your own personal, non-commercial use, and
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not on behalf of or for the benefit of any third party, and
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only in a manner that complies with all applicable laws.
We cannot and will not be liable for your use of the Services in a manner that violates any law.
By using our Services, you agree that you may not:
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sell, rent, lease, lend, sublicense or otherwise transfer any rights or obligations under the Terms;
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modify, reverse engineer, decompile or disassemble the Services;
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copy, adapt, alter, modify, translate or create derivative works of the Services without the express written permission of NutriHack;
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allow others to use the Services, including without limitation, sharing them over a network connection (unless otherwise permitted by the Terms);
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circumvent or disable any technology protecting NutriHack’s intellectual property rights;
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use the Services in an attempt to or in conjunction with any device, program or service designed to circumvent technological measures used to control access to, or rights in, a content file or other work or other works protected by the copyright laws of any jurisdiction. ;
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use or access the Services to collect data in a manner that is used or may be used by a competitive product or service;
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use your account to promote, solicit or send any business advertisements, including chain letters, spam or repetitive messages;
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use your account for any unlawful purpose;
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upload and/or transmit any communications that infringe or violate the rights of any party;
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upload any media of any kind that contains hateful, abusive, offensive images or behavior, obscenity, pornography, sexually explicit content, or any material that would give rise to any civil or criminal liability under applicable law or regulation or that would otherwise violate the Terms; or
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upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or any of our Services.
If you feel threatened or believe that someone else is in danger, please contact your local law enforcement agency immediately. If you believe you may need emergency medical attention, please contact a doctor or emergency medical services immediately.
License Terms for Uploaded Images.
By using the scanning feature, for example to scan restaurant menus to research the nutritional value of the food items mentioned on those menus, you grant us a transferable, revocable and non-exclusive license to use the scanned menu photos you upload to improve our services.
You may revoke your license to use the uploaded photos at any time by contacting info@nutrihack.co . Upon revocation of the license, NutriHack will delete such photos.
Any legal complaints/requests (e.g. for removal of photos) should be sent to info@nutrihack.co.
5. Limited Services License
5.1. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license (without the right to sublicense) to access and use the Services for your personal and non-commercial purposes in accordance with the Terms.
5.2. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Services without the prior express written permission of Simple, and such consent may be withheld for any reason or for no reason.
5.3. You further agree not to submit, display or use any content on the Services provided by NutriHack or its licensors for use in any publications, public appearances, on websites other than the Services, for any other commercial purposes, in connection with products or services not provided by NutriHack, or in any other manner that is likely to cause confusion among consumers, disparage or discredit NutriHack and/or its licensors, diminish NutriHack or its licensors' property, or otherwise infringe upon the intellectual property rights of NutriHack or its licensors.
5.4. You further agree not to misuse any content published by NutriHack or any third party content displayed through the Services.
5.5. NutriHack reserves all right, title and interest in the Services not expressly granted in the Terms. If you wish to use our software, name, trade name, trademark, service mark, logo, domain name and/or any other identification with prominent brand features or other content owned by Simple, you must first obtain our written permission. Requests for permission may be sent to care@simple.life.
5.6. For the avoidance of doubt, NutriHack owns all text, images, photographs, audio, video, location data, software, code and all other forms of data or communication that NutriHack creates and makes available through the Services, including but not limited to visual information, interfaces, interactive features, graphics, design and compilation of aggregate user review ratings and all other elements and components of any Service (collectively referred to herein as “Company Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and Company Content belong to us.
6. Risk-taking
Our goal is to help you make certain health and wellness-related information more accessible and useful, but the Services cannot and do not guarantee any health-related improvements or results. Your use of the Services and any information, predictions or suggestions made through the Services is at your own risk. We make no representations or warranties as to the accuracy of any data, information, estimates and predictions that we may provide to you through the Services, and you agree and understand that the Services are not intended for the same purpose as a medical or scientific device.
7. Account security
You are responsible for taking all reasonable steps to ensure that no unauthorized person can access your account.
You are solely responsible for:
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control the distribution and use of login names and passwords;
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authorize, monitor and control access to and use of the account;
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Please notify NutriHack immediately if you believe your account has been compromised or if there are any other reasons why you need to deactivate your account. Send us an email at info@nutrihack.co .
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You grant NutriHack and all other persons or entities involved in providing the Services the right to transmit, monitor, receive, store and use your information in connection with the operation of the Services. NutriHack cannot and does not assume any responsibility for any information you provide or your or third parties' use or misuse of information transmitted or received through the Services, and is not liable for any losses resulting from the unauthorized use of your account or information received as a result of your failure to comply with these rules.
8. Disclaimer of warranty security
8.1. NutriHack operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or certain features thereof may not be available in your location or may vary from location to location.
8.2. NutriHack and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:
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The Services will be secure or available at any particular time or location;
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Any defects or errors will be corrected;
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Any content or software available on or through the Services is free of viruses or other harmful components; or
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The services will meet your requirements.
8.3. You use the Services at your own risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from your use of such material.
8.4. No Guarantee of Specific Results. We do not guarantee or promise any specific results in connection with your use of our Services. You agree to assume the risk of termination of the Services for any technical reason.
8.5. No Medical Advice. The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability related to your reliance on any statements or other information offered or provided on or through the Services. If you have a specific concern or are in a situation where you require professional or medical advice, you should consult an appropriately trained and qualified professional.
9. Limitation of liability
9.1. In no event shall NutriHack, its officers, directors, agents, affiliates, employees, advertisers or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including, without limitation, loss of use, lost profits, or loss of data), whether in an action under contract, tort (including, without limitation, negligence), title or otherwise, arising out of or in any way related to the use of or in any way related to the Services.
9.2. In no event shall NutriHack’s total liability arising out of or in connection with the Terms or the use or inability to use the Services exceed the amounts paid by you to NutriHack for the use of the Services or 100 EUR if you have not received any payment. obligations of NutriHack, if applicable.
9.3. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. Nothing in the Terms shall exclude or limit our liability to you where it would be unlawful to do so. Where any provision is expressed to exclude or limit liability to a greater extent than is permitted by applicable law, that provision shall be deemed to exclude or limit our liability to the fullest extent permitted by applicable law.
9.4. Neither NutriHack nor any third party mentioned in any of the Services shall be liable for any personal injury, including death, arising out of your use or misuse of the Services.
10. Use of mobile devices
Standard carrier rates and fees, such as text message and data charges, will still apply if you use the Services on a mobile device.
11. Your feedback
We welcome your feedback about the Services. Unless expressly stated otherwise, any communications you send to us will be deemed to be provided on a non-confidential basis. You agree that we may decide to publish such content in our sole discretion. You agree to allow us to use such content free of charge and to review, modify, edit, and change the context or make any other changes we deem appropriate.
12. Enforcement rights
We are not obligated to monitor your access to or use of the Services, but we reserve the right to do so in order to operate and maintain the Services, ensure your compliance with the Terms, and comply with applicable legal requirements. We reserve the right (but have no obligation) to remove or disable any content posted on the Services, or access to the Services, at any time without notice and in our sole discretion, if we determine that your content or use of the Services is objectionable or in violation of the Terms.
We may refuse service, terminate accounts, and change eligibility requirements at any time.
NutriHack assumes no responsibility or liability to users of our Services or any other person or entity for any act or omission of any of the foregoing.