User Agreement
Please read this Use
Agreement ("Agreement") carefully before using this Application MetaBuddy (“Application“) provided
and operated by MetaBuddy LLC
(“Developer”, "us", "we", or "our").
Acknowledgement
This Agreement, in
conjunction with any associated policies other related contents which are
incorporated herein by reference and which may be posted and applicable to
specific services governs your access to and use of this Application provided
by Developer. Regardless of whether you have a subscription, are a registered
user, or are simply downloading from a shared link which does not require a
registered account, all such interactions with the Application and use of any Services
is an explicit acceptance of this Agreement signifying that you have read
understood, and agreed to be bound by all of the terms of this Agreement which
is legally binding between you and the Developer.
Information
We Collect
As you know this
application provides health related information so when you access, install and
use this Application we need your information such as first name, last name,
mobile number, email address, encrypted password in DB, Geo location – based on
user consent, fitness related data from Apple, Google Fit, Garmin, Fitbit,
steps, calories burnt, distance covered - based on user consent, date of birth,
country, gender, weight, height or any
other health related information using Meta Buddy LLC watch i.e. heart rate and blood
pressure - based on user consent. We may use information about your operating
system, hardware, other software on your device and the functions of this Application
and services that you use so that we can facilitate and evaluate your use of
this Application. We cannot share any of
your information to any third parties or marketing companies without your
permission. The front end and chat features are implemented at Google Firebase
and our servers are deployed at Digital Ocean USA. However you data will be
used or protected under our standard privacy policy.
Permissions & Restrictions
The permissions we grant
to you for the use of Application are limited to a non-exclusive and non-transferable
to use the Application on your devices solely for the purpose of performing
those functions and tasks available to you. You may not rent, lease, lend,
sell, and redistribute the Application. If you breach this restriction, you may
be subject to prosecution and damages. You are not permitted to use the Application
for any purpose other than as expressly permitted under this document. You
acknowledge that Developer may audit your use of the Application.
Purpose
The contents of the Application,
such as text, graphics, images, data, graphs, audio, videos, computer program
and other material and information (collectively the "Content"), are
for your personal use only.
Changes and Updates
We may revise the
information and features in this Application or otherwise change or update the Application
without giving any notice. Developer may also make improvements and/or changes
in services and functionalities or add new features at any time without notice.
We encourage you to periodically view the Applications updates to see if there
have been any changes. Your continued use of this Application will signify your
continued agreement to this Agreement as they may be revised.
Links to Third Party Applications
The Application may
provide links to other websites, applications, or content that are not owned or
controlled by the Developer, including Your Provider ("Third Party
Providers"). These links are intended to connect you easily to additional
sources or third party services that may be of interest to you. We may not have
any business relationship with the Third Party Provider that controls this type
of content and such links are offered only as a convenience to you. Developer
is not responsible for the content, security or the privacy practices of Third
Party Providers. Unless we specifically advise you otherwise, links to Third
Party Providers do not constitute or imply endorsement by Developer of those links,
the information they contain or any products or services they describe.
Passwords
You are responsible for
taking all reasonable steps to ensure that no unauthorized person can have to
the Application password or account. It is your sole responsibility to (a)
control the disclosure and use of your activation codes and password; (b)
authorize, monitor, and control access to and use of the Application account
and password; and (c) promptly inform us of any need to deactivate a password.
Disclaimer
You expressly acknowledge
and agree that use of the Application and your reliance on the operation,
output or results of the Application is at your sole risk and that the entire
risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, the Application and any Services
performed or provided by the Application (the “Application Services”) are provided
“as is” and “as “available”, with all faults and without warranty of any kind,
and we hereby disclaim all warranties and conditions with respect to the Application
and any Application services, either express, implied or statutory, including
but not limited to, the implied warranties and/or conditions of
merchantability, of satisfactory quality, of fitness for a particular purpose,
or accuracy, of quiet enjoyment, and non-infringement of third party rights. We
do not warrant against interference with your enjoyment of the Application,
that the functions contained in, or Application services performed or provided
by, the Application will meet your requirements, that the operation of the Application
or Application Services will be uninterrupted or error-free, or that defects in
the Application or Application Services will be corrected. No oral or written
information or advice given by us, its authorized representative, or your
provider shall create a warranty. Should the Application or Application Services
prove defective, you assume the entire cost of all necessary servicing, repair,
or correction.
Limitation on Liability
We, our affiliates, and
suppliers are neither responsible nor liable for any direct, indirect,
incidental, consequential, special, exemplary, punitive, or other damages
(including, without limitation, those resulting from lost profits, lost data,
or business interruption) arising out of or relating in any way to the Application,
products, content or information
contained within the Application, and/or any third party web links, whether
based on warranty, contract, tort, or any other legal theory and whether or not
advised of the possibility of such damages. Your sole remedy for
dissatisfaction with this Application, Application Services, and/or third party
links is to stop using the Application and/or those services. This Agreement is
governed by-laws of Delaware/United States of America (state/country).
Prohibited Activity
You agree that you will not upload or transmit
any communications or content of any type (including secure messaging) that
infringe upon, misappropriate or violate any rights of any party. In
consideration of being allowed to use the Application, you agree that the
following actions shall constitute a material breach of this Agreement: (a)
signing on as or pretending to be another person; (b) using secure messaging
for any purpose in violation of local, state, national, international laws or
posted our policies; (c) transmitting material that infringes or violates the
intellectual property rights of others or the privacy or publicity rights of
others; (d) transmitting material that is unlawful, obscene, defamatory,
predatory of minors, threatening, harassing, abusive, slanderous, or hateful to
any person (including individually) or entity as determined by us in our sole
discretion; (e) using interactive services in a way that is intended to harm,
or a reasonable person would understand would likely result in harm, to the
user or others; (f) collecting information about others, including e-mail
addresses; (g) intentionally distributing viruses or other harmful computer
code; and (i) we expressly reserve the right, in its sole discretion, to
terminate a User's access to the Application due to any act delineated above,
or any act that would constitute a violation of this Agreement.
No Medical Advice
Our services do not
provide or offer, and are not a replacement for, professional medical
evaluation, advice, diagnosis or treatment (“medical advice”). We provide the
services for informational purposes only. Based on information that you request
and/or provide to us, Developer provides you: (i) access to general health
education and information; (ii) nutritional and other fitness advice from our
experts; and (iii) references to other resources. While we believe that the
information provided through our Services is current and reliable, Developer
cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT,
BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE
PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS
ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended
to be used by Minors or individuals with health conditions that makes the kind
of changes to diet or lifestyle suggested by our Services unsafe or
inappropriate.
Furthermore, Developer
shall have no obligation or responsibility to monitor your health status or
health condition or to contact or alert any medical or emergency professional. Developer
shall not be liable to you for your reliance on any information obtained
through the use of this Application, and we disclaim all liability in
connection with such information.
Termination
This Agreement is
effective until terminated by you or us. Your rights under this Agreement will
terminate automatically without notice from us if you fail to comply with any
of the content of this Agreement. Upon termination, you shall cease all use of
the Application, and destroy all copies, full or partial, of the Application.
In-App Purchases
We reserve the right to refuse or cancel certain orders
at our sole discretion and right. This Application may be provided on purchases and price of the Application,
products, benefits and any related content may be changed at any time and at
any stage by the Developer without giving prior notice. You
agree to pay, and authorize Developer’s third party payment processor to charge
using your selected payment method and payment plan, for all applicable fees
and taxes that may accrue in relation to your subscription to use our Services
or purchase our products. All fees are in US Dollars and are non-refundable
except as required by law. Developer is not responsible for charges or foreign
exchange rates applied by your Credit Card Company and/or financial
institution. You are responsible for providing complete and accurate billing
and contact information to us.
Copyrights
Except as otherwise
indicated, all content on the Application, including text, graphics, logos,
button icons, photos, images, forms, audio, video, questionnaires, and
software, is the property of Developer or our licensors and is protected by the
local and international copyright laws. The compilation of all content on the Application
is the exclusive our property. Unless specifically authorized in writing by us,
any use of these materials, or of any materials contributed to the Application
by entities other than Developer, on any other links or networked digital
environment for any purpose is prohibited. You cannot send us copyright
infringements notices.
Data Deletion & Account Deletion
Users can delete their
accounts and all data any time by using the apps. Please
see the details instruction to delete account and data.
General Provisions
This
Agreement, accepted upon first accessing the Application, including any
associated policies or other documents and agreements you may accept
incorporated by reference, constitutes the entire agreement between you and Developer
regarding the use of this Application. Any and all other written or oral
agreements or understandings previously existing between you and Developer with
respect to use of this Application are hereby superseded and cancelled.
If any
provision of this Agreement is found unlawful, void or unenforceable, then such
provision shall be deemed severable from the rest of the Agreement and shall
not affect the validity and enforceability of any remaining provisions.
Our Communication with You
Subject to
providing your express consent evidence by checking the box and option during
the registration process for this Application, you consent to receive (via
email or through the Services) communications from us regarding the use of the Application,
and authorize us to send you other communications, newsletters or offers
regarding third-party products and services. If you do not opt-in to receive
the communications described in this section, the remainder of this Agreement will
continue to apply to you and your use of this Application.
Changes to this Agreement
We reserve the right, if or as
necessary to make changes to this document at any time or stage time to. It is
strongly recommended to check the Agreement link regularly, referring to the
date of the last modification listed at the bottom.
Last Updated: August 17, 2022