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
2. Your Access and Use of Service
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
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.
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
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 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.
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.
8. Third Party Sites
9. Term and Termination
Subscription pricing and terms:
See How You Eat App offers an auto-renewing monthly subscription at €3.99/month and an auto-renewing yearly subscription at €23.99/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.
13. Governing Law and Dispute Resolution