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End User License Agreement

Nutrino End User License Agreement (EULA)

 

By clicking the “accept” or “ok” button, or installing and/or using the Nutrino mobile software application (the “Application”) you expressly acknowledge and agree that you are entering into a legal agreement with Nutrino Health Ltd. (“we”, “us” or “Nutrino”) and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the Application.

 

  1. Ability to Accept

 

By installing the Application you affirm that you are over 16 years of age. If you are between the age of 16 and 18 years, then, prior to installing the Application, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.

 

  1. Modification

 

We reserve the right, in our sole discretion, to revise or modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the Application, and you agree to be bound by such revisions or modifications. You are responsible for reviewing this Agreement periodically. Such change will be effective 10 days following the foregoing notification and/or publishing thereof, and your continued use of the Application thereafter will constitute your acceptance of the revised Terms.

 

  1. License

 

Subject to the terms and conditions hereof, during the period this Agreement, Nutrino hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license to: (i) download, install and use the Application on a mobile telephone, tablet or device (each, a “Device”) that you own or control; and (ii) access and use the Application on that Device in accordance with this Agreement and any applicable Usage Rules (as set forth below).  

 

  1. License Restrictions

 

Except as expressly provided under the previous Section (License), you agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Application; (ii) make the Application available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Application; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Application or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Application; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Application; (vii) use any communications systems provided by the Application to send unauthorized and/or unsolicited commercial communications; (viii) use the Nutrino name, logo or trademarks without our prior written consent; and/or (ix) use the Application to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

 

  1. Accounts

 

You may register to use Nutrino by providing the requested information or by logging on through a social media account and/or through a third-party lifestyle/activity tracking application (“Third-Party Application”). You may register for a free account or for a premium account (“Premium Account”). A Premium Account will allow you to access added features, such as meal planning. We may change the method of registration or logging on, including the types of accounts and the Application provided through them, at our discretion. By registering through a social media account and/or through a Third-Party Application you represent and warrant that such account is yours and you have all right to provide us with the information in such account. Nutrino reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Application, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.

 

You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Application if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement. You agree to immediately notify us via e-mail at info@nutrinohealth.com of any unauthorized use of your account. Nutrino will not be liable for any losses or damage arising from unauthorized use of the Application, and you agree to indemnify and hold Nutrino harmless for any improper or illegal use of the Application, and any charges and taxes incurred, unless you have notified us immediately at the email address listed above.

 

  1. Termination of Account

 

You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of this Agreement or the spirit of this Agreement, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, the community ethos of our Application or our business interests. In the event that we terminate your account, you may not register for the Application again without our express permission. If you believe that any action has been taken against your account in error, please contact us at info@nutrinohealth.com.

 

In addition, if we believe, in our sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Application. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by sending an email to info@nutrinohealth.com.

 

Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

 

  1. Payment

 

Use of the Application, including registering for a Premium Account, may be subject to payment, both to Nutrino and to any third party. Currently, payments for a Premium Account are made through the Apple App Store and Google Play. Nutrino may revise prices or methods of payment at any time without notice. Please be aware that your use of the Application may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

 

Some features of our Application may be rendered through other partner vendors. Our partners’ terms will determine the terms of these Application features, including the terms of payment, warranties and return policies. For more information, please see any such partner’s website. We reserve the right to change the way such Application features are provided in the future, including, without restriction, allowing payments to be made by means of our Application. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any services or goods ordered if full payment is not received. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.

 

You are solely responsible for any taxes on amounts you may pay or obtain through the Application. Nutrino will deduct applicable charges and taxes from any payable amounts, as required by law.

 

  1. Services and Food Recommendations

Nutrino may provide you with online health tests in order to help tailor our recommendations to your needs. NUTRINO IS NOT THE AUTHOR AND/OR CREATOR OF THESE HEALTH TESTS AND CANNOT AND DOES NOT ACCEPT LIABILITY FOR THEIR ACCURACY, SAFETY AND/OR APPLICABILITY. THESE TESTS ARE PROVIDED FOR informational and educational purposes only and are not a substitute for the professional judgment of a health care OR NUTRITION professional in diagnosing and treating patients. Neither the tests, the content nor any other service offered by or through this Application is intended to be medical diagnosis or treatment.

 

Nutrino uses the results of the health tests and the information provided by users in order to make recommendations for meal plans, recipes, packaged foods and restaurant meals (“Planning Feature”). Some and/or all of the Planning Feature may only be provided to users with a Premium Account. The Planning Feature may include links to online grocery retailers, restaurants and/or sites providing recipes. While Nutrino makes reasonable efforts to ensure that such recommendations are tailored to the user’s nutritional needs, lifestyle choices and tastes, utilizing international health guides and recommendations whenever possible, Nutrino cannot and does not represent or warrant that a user will find recommendations to be suitable to his/her tastes, nutritional and/or health needs and that such recommendations are safe and appropriate. NUTRINO IS NOT AN ACCREDITED HEALTH OR NUTRITION PROFESSIONAL AND DOES NOT HAVE THE FULL HEALTH HISTORY OF EACH USER. USERS MUST CONSULT WITH THEIR HEALTH CARE PROFESSIONALS, PERFORM ALL NECESSARY RESEARCH AND USE THEIR COMMON SENSE BEFORE MAKING ANY NUTRITIONAL OR FOOD CHOICES. The contents of the Application, including without limitation the health tests, are NOT a substitute for professional medical advice, diagnosis or treatment.

 

Nutrino also provides the “Automatic Logging”  and “Logging” features, which allows the App to automatically log (by accessing, inter alia, the user camera roll, upon providing an explicit consent through the app); or the user to manually log his or her food and beverage intake, as well as exercise activities, feelings and body measurements. While we attempt to keep accurate records when you use the Logging Feature, we cannot guarantee that all the data will be retained and/or will be accurate.

 

We may provide users with the possibility to purchase products from third parties. We are not responsible for the accuracy or currency of any information regarding foods, recipes, prices, locations, grocery retailers, restaurants and/or other retailers that appear on the Application. The prices and descriptions that appear in the Application may not reflect the correct prices and descriptions on the premises, on the internet site or at the checkout of the applicable grocery retailers, restaurants and/or other retailer. We are not responsible for the terms of such transactions or for the products provided from such third parties. Please see the terms and conditions of such third parties in order to understand the relevant terms of such purchases.

 

You’re responsible for backing up the data that you store on the Application. If the Application and/or your account is terminated or canceled, you hereby authorize us to permanently delete your data from our servers. You agree that we have no obligation to return data to you after the Application and/or your account is terminated or cancelled.

 

Other Health Related Services

 

Nutrino provides, among other things, glucose monitoring information and information to help pregnant women to plan and promote their healthcare during their pregnancy. The information provided is based on a variety of materials, including but not limited to advice, recommendations, messages, comments, graphics, software, sound, photographs, videos, data, and other materials (“Content). The Content is gathered and provided partially by Nutrino and partially by its suppliers (“Suppliers“). While Nutrino strives to maintain the Content that is presented accurate, complete, and up-to-date, Nutrino cannot guarantee, and is not responsible for the perpetual accuracy and completeness of any Content, whether provided by Nutrino or its Suppliers.

Nutrino’s glucose monitoring capability is intended to help you understand your individual response to certain foods so that you can maintain a healthy diet. It should not be used as a basis for insulin dosing decisions or for trending and tracking of Continuous Glucose Monitoring (CGM) device data. It does not provide current, real-time glucose information. For specific review of CGM data, only the CGM device itself or the CGM manufacturer’s supporting software should be used. Use of the glucose monitoring capability may require your purchase of additional monitoring hardware.

 

ALL INFORMATION AND CONTENT AVAILABLE VIA NUTRINO IS PROVIDED ON THE BASIS THAT NEITHER NUTRINO NOR ITS SUPPLIERS ARE DOCTORS OR QUALIFIED HEALTHCARE PROFESSIONALS AND ARE NOT PROVIDING MEDICAL ADVICE OR DEVICES. ONLY SUCH PERSONS AS ARE QUALIFIED BY LAW TO PROVIDE MEDICAL CONSULTATION MAY PROVIDE SUCH SERVICES OR ADVICE.

THE CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED TO CONSTITUTE ANY MEDICAL OR HEALTHCARE ADVICE OR DEVICE, NOR TO DIAGNOSE, TREAT, PREVENT OR CURE ANY INDIVIDUAL HEALTH PROBLEMS. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROFESSIONAL FAMILIAR WITH YOUR UNIQUE FACTS.

ALTHOUGH NUTRINO DOES PROVIDE ONLINE NUTRITIONAL SERVICES AND RECOMMENDATIONS, IT CANNOT FULLY REPLACE AN INDIVIDUAL AND SPECIFIC CONSULTATION WITH A DIETARY OR NUTRITION PROFESSIONAL. PLEASE ACT RESPONSIBLY AND ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE UNDERGOING ANY NEW NUTRITIONAL PLAN OR TREATMENT, AND FOR QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION.

 

  1. Competitions

 

Nutrino may, at its discretion, allow participation in competitions. Such participation is at your own risk. Please be responsible and consult with your health professional before undertaking any exercise program or activities. Downloading any Third-Party Application for purposes of such participation is at your own risk. By choosing a Third-Party Application to participate in the competition, you represent and warrant that you have all rights to provide us with information and data through such Third-Party Application including as set forth in our Privacy Policy. You also represent and warrant that you will not falsify or take any action to report incorrect or inaccurate data through your Third-Party Application or by any other means through which you participate in the competition. Nutrino may take reasonable actions to verify the authenticity of information regarding your level of exercise activity and/or any other reported activities. We cannot make any representations or warranties with respect to any Third-Party Application or third-party site, or that any Third-Party Application or third-party site will provide accurate information. While we make reasonable commercial efforts to ensure that you will receive the prizes, if any, listed on our Application, we cannot guarantee that any such prizes will actually be provided.

 

  1. Intellectual Property

 

Nutrino and its licensors own the Application, including any material or content made available through the Application, and all worldwide intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the foregoing. The provision of the Application does not transfer to you or any third party any rights, title or interest to such intellectual property rights. We reserve all rights not expressly granted herein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. You are not required to provide us with any feedback or suggestions regarding the Application. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of Application then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

 

  1. Rules of Use

 

You agree that you will not: (a) solicit another person’s account information or other personal information under false pretenses or otherwise attempt to gain unauthorized access to the Application; (b) impersonate another user or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent, (d) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of unsolicited messages, (e) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (f) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (g) post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (h) violate any applicable law, rule or regulation, (i) publish falsehoods or misrepresentations; (j) post or transmit any material that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive, including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Application; (k) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (l) circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content; or (m) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Application.

 

  1. Location Data

 

Certain features or functionality (“Features”) of the Application may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy. If you do not provide or make such Location Data accessible then the Features may be limited or not operate. The Application may not be available in all geographic locations.

 

  1. Use of the App in a Vehicle

 

If you are using the Application in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Application unless your vehicle is stationary and legally parked.

 

  1. Updates and Upgrades

 

We may from time to time provide updates or upgrades to the Application (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Application. All references herein to the Application shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Application, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

 

  1. No Warranties; Disclaimer

 

Your use of any aspect of the Application is at your own risk and discretion. We are not health or nutrition professionals and any nutritional and/or health advice that we provide you must be checked with your health professional. Please exercise and eat responsibly, and consult with your medical professional before starting any nutritional program or undertaking any competition requiring any exercise. Nutrino cannot and does not accept any liability in respect of any purchases or activities that you may undertake through using the Application, including by participating in competitions. You are solely responsible for any choices that you make regarding food, food services, your health, competitions and exercise.

 

We make no representations or warranties whatsoever in respect of the Application. Information regarding food, dishes, recipes, nutritional and/or health information, competitions, prices, images and other information may be provided by third parties. We cannot and do not accept any liability whatsoever in respect of any content which is provided by third parties. Online grocery retailers, restaurants, retailers, recipe providers and other entities on these Application are independent contractors and not employees or agents of Nutrino. We disclaim all liability, regardless of the form of action, for the acts or omissions, of such entities, online or offline, or for any personal injuries, death, property damage, or other damages including consequential damages or expenses resulting therefrom. Nutrino has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond its direct control and it has no responsibility for any additional expense, omissions or acts of any government or authority. To the maximum extent permitted by applicable law, everything available on or through the Application is provided to you “AS-IS” and “AS-AVAILABLE” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Application. Nutrino does not warrant that any description provided through the Application services regarding food, dishes, recipes, nutritional information, competitions’ prices and/or otherwise is accurate, complete, reliable, current, healthful, safe or error-free.

 

No advice or information, whether oral or written, obtained by you from Nutrino, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

Other Health Related Services

 

IN NO EVENT SHALL NUTRINO AND ITS SUPPLIERS, INCLUDING THEIR DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES, AND PENALTIES IN CONNECTION WITH YOUR USE OF THE NUTRINO APPLICATION. BY USING NUTRINO AND IMPLEMENTING THE ADVICE PROVIDED BY NUTRINO AND ITS SUPPLIERS, YOU HEREBY ASSUME THE RISK OF USING NUTRINO’S NUTRITIONAL PROGRAM AND ANY OTHER INFORMATION PROVIDED BY NUTRINO. IN ADDITION, YOU SHALL ASSUME THE RISK OF ANY AND ALL HEALTH CONSEQUENCES FOR YOUR FAILURE TO PROVIDE YOUR FULL HEALTH INFORMATION TO NUTRINO. YOU SHALL HOLD NUTRINO HARMLESS FOR ANY NEGLIGENCE OR OTHER FAILURE TO PROPERLY PREPARE YOUR DIETARY REGIMENT AND ASSUME FULL RESPONSIBILITY FOR SAME, INCLUDING ANY CONSEQUENTIAL DAMAGES RESULTING FROM SAME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING AVAILABLE ON OR THROUGH NUTRINO IS PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NUTRINO DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES IN RESPECT OF THE CONTENT PROVIDED BY IT AND ITS SUPPLIERS. NUTRINO CANNOT AND DOES NOT ACCEPT ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY CONTENT WHICH IS PROVIDED BY THE SUPPLIERS. NUTRINO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS, OF SUCH THIRD PARTIES, OR FOR ANY PERSONAL INJURIES, DEATH, NEGLIGENCE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NUTRINO CANNOT AND DOES NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE CONTENT REGARDING FOOD, DISHES, RECIPES, NUTRITIONAL INFORMATION AND EXERCISES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, HEALTHFUL AND SAFE OR ERROR-FREE.

NUTRINO CANNOT AND DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO ANY ACTIVITIES THAT YOU CHOOSE TO UNDERTAKE BY USING THE CONTENT PROVIDED BY NUTRINO, WHICH ACTIVITIES MAY AFFECT YOUR HEALTH (INCLUDING DURING YOUR PREGNANCY). YOU ARE SOLELY RESPONSIBLE FOR ANY CHOICES THAT YOU MAKE REGARDING FOOD PLANS AND EXERCISES (INCLUDING DURING YOUR PREGNANCY).

BY USING THE NUTRINO SERVICE, YOU HEREBY ASSUME ANY AND ALL RESPONSIBILITY AND RISK FOR USING AND IMPLEMENTING ANY OF THE CONTENT PROVIDED BY NUTRINO.

 

  1. Privacy

 

We will use any personal information that we may collect or obtain in connection with the Application in accordance with our Privacy Policy which is available at https://www.nutrinohealth.com/privacy-law-and-legal-notice/ and our Cookies Policy, available at https://www.nutrinohealth.com/cookies-policy/ (“Privacy Policy”), and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Application may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

 

  1. Limitation of Liability

 

To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Application or content. In any case, our entire liability under any provision of this Agreement shall not exceed amounts actually paid by you directly to us for the use of the Application hereunder within the 3 months preceding the date of bringing a claim. As such, if you have not made any payments to us in order to use the Application, we shall not have any liability to you whatsoever.

 

In addition to the foregoing, Nutrino assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. Nutrino is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Application, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Application. Nutrino cannot and does not warrant that any Third-Party Application shall transmit any information to us, correct or otherwise, or that any information submitted by you shall be retained and stored, correctly or at all. Under no circumstances shall Nutrino be responsible for any loss or damage, including personal injury or death, resulting from use of the services, whether online or offline, or in connection with eating while using or refraining from using recommendations provided by the Application or exercising while using the services and/or participating in competitions advertised on the Application.

 

  1. Indemnification

 

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of this Agreement by you or anyone using your computer, mobile device, password or login information, including due to submission of false reports of your exercise activities and levels thereof; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Application shall be in compliance with all applicable laws, regulations and guidelines. Without derogating from or excusing your obligations under this Section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

 

  1. Usage Rules

If you are downloading the Application from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of Apple in the Section below, but other Usage Rules may be applicable depending on where the Application has been downloaded from. You acknowledge that, prior to downloading the Application from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Application are incorporated into this Agreement by this reference. You represent that you are not prohibitted by any applicable Usage Rules and/or applicable law from using the Application; if you are unable to make such a representation you are prohibited from installing and/or using the Application.

 

  1. Apple App Store

 

 

If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

  • You acknowledge and agree that:
    1. this Agreement is concluded between Nutrino and you only, and not with Apple, and Nutrino and its licensors, and not Apple, is solely responsible for the App and the content thereof.
    2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
    3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
    4. Nutrino is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
    5. Nutrino is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Nutrino’ sole responsibility;
    6. Nutrino, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
    7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
    8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
  • You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims regarding the Application, please contact Nutrino at:

Email: info@nutrinohealth.com

Telephone: 972-72-2499111

Address:     94 Yigal Alon, Alon towers (2nd Tower), Tel-Aviv, Israel.

  • By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

 

  1. Miscellaneous

 

This Agreement shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with this Agreement or the Application shall be brought exclusively in the court located in Tel-Aviv, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within 1 year of the date such cause of action arose. In the event that any provision of this Agreement is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of this Agreement shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in this Agreement, this Agreement constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under this Agreement to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to this Agreement maybe provided to the email address or other contact information you have provided to us.

 

Last updated: February 2019

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