Terms - See How You Eat App

Terms of Use

These Terms are effective on 4.8.2014.

SEE HOW YOU EAT is developed and published by Health Revolution Oy Ltd (“Health Revolution”), a Finnish limited liability company (business ID 2508850-4).

1. Acceptance of Terms

By installing SEE HOW YOU EAT and accessing or using the software applications, services, features or content offered by Health Revolution or its licensors through SEE HOW YOU EAT (collectively “Service”), you are entering in a legally binding contract with Health Revolution. These terms of use (“Terms of Use”), which also include Health Revolution’s Privacy Policy available https://seehowyoueat.com/privacy-policy govern your use of the Service and by using the Service you and agree to be bound by these Terms of Use. If you do not agree to be bound by all of these Terms of Use, do not install or otherwise use the Service.

Health Revolution software applications are licensed to you, not sold. Health Revolution retains title, ownership rights, and intellectual property rights in the software applications and your use of the software applications are subject to your compliance with these Terms of Use.

2. Your Access and Use of Service

In order to use the Service, you must (i) be eighteen (18) years or older and have the power to enter into a binding contract with us, or (ii) be at least sixteen (16) years and have your legal guardian’s consent to these Terms of Use and the use of the Service. You will install and use the Service at your own risk. By installing and using the Service, you acknowledge that SEE HOW YOU EAT is not a medical organisation. SEE HOW YOU EAT is based on Finnish nutritional recommendations and has been developed in consultation with experts in this field. No information, text, images, video clips or other content provided should be understood as medical advice or diagnosis. Health Revolution accepts no liability for the content or accuracy of the statements made by the expert consulted. By accepting these Terms of Use, you acknowledge the nature of the Service as an advisory and supportive tool in the efforts to improve weight management capabilities and promote general health and wellness.

You represent that all information you provide to Health Revolution upon registration or otherwise will be accurate, correct and complete and agree to update your information to keep it up-to-date at all times.

In order for the Service to operate properly, you need to have an internet connection and you agree and acknowledge that you are responsible for all data charges you incur due to your use of the Service.

3. License for Personal and Non-Commercial

Title, ownership rights, and intellectual property rights in the Service and all content in the Service shall remain with Health Revolution and/or its licensors. Subject to these Terms of Use, Health Revolution grants you a revocable, non-exclusive, non-sublicensable and non-transferable limited right and license to use the Service and any content therein, solely for your personal and non-commercial use and in the manner permitted by these Terms of Use. Any use or exploitation of the Service or any content in the Service for other than personal, non-commercial use or in way that violates these Terms of Use or any third party rights or is otherwise detrimental to Health Revolution or Health Revolution Parties is expressly prohibited.

The Service, all Health Revolution trademarks, trade names, logos, domain names and any other features of the Service are the sole and exclusive property of Health Revolution. No license is granted to you to use Health Revolution trademarks, trade names, logos or domain names. You agree not to remove or alter any copyright, trademark or other intellectual property notices contained in the Service.

4. Content

For purposes of these Terms of Use, the term “Content” includes, without limitation, any videos, audio clips, comments, information, texts, photographs, graphics, links or other content or material provided or otherwise made accessible through the Service.

The Service contains Content specifically provided or made accessible to you by Health Revolution or Health Revolution’s licensors (“Health Revolution Parties”). In these Terms of Use, Content provided by Health Revolution or Health Revolution Parties is “See How You Eat Content”.

You understand and agree that all See How You Eat Content accessed by you using the Service is at your own risk. HEALTH REVOLUTION OR HEALTH REVOLUTION PARTIES DO NOT MAKE ANY PROMISES TO PROVIDE ANY SPECIFIC SEE HOW YOU EAT CONTENT NOR ANY SPECIFIC AMOUNT OF SEE HOW YOU EAT CONTENT THROUGH THE SERVICE.

5. User Content

Users of the Service may post Content, such as comments, likes or other communications and material, to the Service (“User Content”). Health Revolution does not claim any ownership to the User Content. You represent that you have the right to post any User Content posted by you to the Service. Further you represent that such User Content is not in breach of these Terms of Use, the applicable law or any intellectual property rights, privacy rights or other rights of others.

By posting User Content to the Service, you grant Health Revolution a non-exclusive, royalty-free, fully paid-up, perpetual, freely transferable and sub-licensable worldwide right and license to use the User Content that you post on the Service. You represent and warrant that you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.

Health Revolution has no obligation to monitor, edit or review any User Content, but it reserves the right to remove any User Content at its discretion without prior notification. All User Content is the sole responsibility of the person who originated such User Content.

6. User Conduct

You agree not to use the Service in a manner or otherwise submit any Content that (i) violates any intellectual property rights, privacy, publicity or any other rights of Health Revolution or any third parties.

You also agree to use the Service in a manner that does not cause harm to Health Revolution, Health Revolution Parties, other users or third parties. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content, including but not limited to, copyright and privacy laws.

You are not permitted to submit User Content otherwise use the Service in the manner that (i) involves commercial or sales activities; (ii) includes personal data of third parties or (iii) involves transmission of any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature or otherwise interfere or disrupt the Service or (iv) involves submission of unwanted mass e-mails or similar forms of commercial or harassing communications (“spam”) to any users.

You expressly agree that you are not permitted to copy, reproduce, perform, publish, distribute, transmit, broadcast, sell, lease, rent or otherwise make available to the public any part of the Service or Content contained in the Service, or otherwise use the Service in a manner not expressly permitted under these Terms of Use. In addition, you are not permitted to, modify, create derivative works, reverse-engineer, decompile or disassemble the Service or any part thereof.

You understand and agree that you are solely responsible for all use of the Service by your user account. You agree that Health Revolution is not responsible or liable for the conduct of any user.

7. Operation and Modification of the Service; Changes in the Terms of Use

You acknowledge and agree that while Health Revolution reasonably aims to keep the Service operational, maintenance and technical issues may cause temporary interruptions to the Service. Health Revolution will not be liable to you for any such interruptions.

Health Revolution reserves the right at any time with or without notice to modify or discontinue temporarily or permanently certain features of the Service without liability to you for any such modification or discontinuation. Health Revolution aims to notify you of any such substantial modifications or discontinuations in the Service that materially affect the use of the Service a reasonable time in advance.

Health Revolution may occasionally at its discretion make changes to these Terms of Use. Health Revolution will inform you through the Service of any such changes it considers substantial. By continuing the use of the Service after the changes take effect, you express your acceptance to the modified Terms of Use.

8. Third Party Sites

The Service or communications you receive from the Service may contain links to third party web sites or features. The Service may also include third-party content not controlled, maintained or endorsed by Health Revolution. You expressly acknowledge and agree that Health Revolution is not in any way responsible for the content, features, products or services offered by such third parties. In addition, you acknowledge that, any such third party sites and/or content on such sites may be subject to separate terms of use and/or privacy policies, which Health Revolution recommends you to review.

9. Term and Termination

These Terms of Use continue to be in force until terminated by you or Health Revolution.

Health Revolution reserves the right to terminate these Terms of Use or suspend your access to the Service at any time without prior notice, including if you fail to comply with these Terms of Use or abuse the Service. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

In the event of termination of these Terms of Use by you or by Health Revolution, or if Health Revolution suspends your access to the Health Revolution Service, you acknowledge and agree that, to the fullest extent permitted under applicable law, Health Revolution shall have no liability to you and that Health Revolution will not refund any fees that you have already paid.

Subscription pricing and terms:
See How You Eat App offers an auto-renewing monthly subscription at €9.99/month and an auto-renewing yearly subscription at €34.99/year to provide you with unlimited access to all SHYE Premium features while you maintain an active subscription.

The Subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Manage your subscriptions and turn off auto-renew in your iTunes Account anytime. Your iTunes Account will be charged when the purchase is confirmed. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.

10. Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, SEE HOW YOU EAT CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTH REVOLUTION OR OTHER HEALTH REVOLUTION PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE SERVICE; (II) THE SEE HOW YOU EAT CONTENT AND (III) USER CONTENT. HEALTH REVOLUTION AND THE HEALTH REVOLUTION PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT.

HEALTH REVOLUTION OR THE HEALTH REVOLUTION PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE FROM VIRUSES. HEALTH REVOLUTION OR THE HEALTH REVOLUTION PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties or limitations on the applicable statutory rights of a consumer, so the above disclaimers apply to you to the fullest extent permitted by law in the applicable jurisdiction.

11. Limitation of Liability

To the extent permitted by applicable law, you agree that your sole and exclusive remedy for any dissatisfaction or problems with the Service is to uninstall Health Revolution’s software and cease using the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALTH REVOLUTION OR THE HEALTH REVOLUTION PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF GOODWILL, DATA, BUSINESS OR PROFITS) DAMAGES ARISING OUT OR RELATING TO THE SERVICE, SEE HOW YOU EAT CONTENT OR THE USER CONTENT OR THE PERFORMANCE OF THE SERVICE OR MALFUNCTIONS, DELAY’S OR INTERRUPTIONS IN THE SERVICE, ANY DAMAGES TO USER’S MOBILE DEVICE OR COMPUTER OR OTHER EQUIPMENT OR PROPERTY OR DAMAGES FROM ANY VIRUS, FRAUD OR SECURITY BREACH.

IN NO EVENT SHALL HEALTH REVOLUTION’S OR HEALTH REVOLUTION PARTIES’ LIABILITY FOR ALL DAMAGES OR LOSSES EXCEED THE LESSER OF THE ACTUAL PRICE PAID BY YOU TO HEALTH REVOLUTION FOR THE SERVICE DURING THE PERIOD OF ONE (1) MONTH PRECEDING THE CLAIM.

12. Indemnification

You shall be liable and agree to indemnify and hold Health Revolution and other Health Revolution Parties harmless from and against all claims, liabilities, damages, losses and expenses (including reasonable attorney’s fees) arising out or relating to your breach or alleged breach of these Terms of Use, your use of the Service, your User Content, or any violation by You of any third party rights, including any third party intellectual property rights or privacy rights. You agree that Health Revolution reserves the right to assume the exclusive defense and control of any such claim and you agree to fully co-operate in the defense of any such claim as required by Health Revolution.

13. Governing Law and Dispute Resolution

These Terms of Use are be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms.

14. Miscellaneous

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of the Terms of Use remain in full force and effect.

If you have any questions concerning these Terms of Use, please contact info@seehowyoueat.fi