16 Feb 2020

Freshbit is a mobile app that helps users record foods eaten (or to be eaten), exercises, and water intatek. Freshbit helps users understand the impact of their eating habits on their body, track their progress, and achieve their diet related health goals. The services offered by Freshbit ("Freshbit", "we" or “Company”) include the Freshbit mobile applications, and any other features, content, or applications offered from time to time by Freshbit (collectively, the "Services").

These Terms and Conditions of Use ("Terms & Conditions") set out the legally binding terms for your use of the Services and your continued use of the Services represents your consent to these Terms & Conditions whether you are a "Visitor" (which means you simply use Services without registering) or a "Member" (which means you have a registered account). These Terms & Conditions includes Freshbit’s policy for acceptable use of the Services and Content posted on Freshbit, your rights, obligations, and restrictions regarding your use of the Services and Freshbit’s Privacy Policy. Please choose carefully the information you post on Freshbit and that you provide to other users. Your Freshbit profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, the information provided by other Freshbit Members (for instance, in their created recipes) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Freshbit assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact afoodapp@gmail.com.

Freshbit reserves the right, in its sole discretion, to reject, refuse to post or remove any content created by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility

Use of the Services is void where prohibited. You do not have to become a registered user to use some of the Services. However, if you do not register, you may be precluded from using certain elements of the Services, such as creating food or recipe, or similar activity where you and other Members can share data.

By using the Services, you represent and warrant that (a) all registration information you submit is true, accurate and complete, and that you will maintain the accuracy of such information; (b) all information that you provide us in using the Services will be true, accurate and complete; (c) your use of the Services does not violate any applicable law or regulation, and (d) you aare 18 years of age or older. Your profile may be deleted, your use of the Services suspended and your Membership may be terminated without warning if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect this is the case or that you are under the age of 18.

2. Term

These Terms & Conditions shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason. Freshbit may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms & Conditions will remain in effect.

3. Modification of terms of use and/or services

Freshbit reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Use at any time and without prior notice. If the Company amends this Terms of Use, it will update this posting on the Website and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of a new version of the Terms of Use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

4. Privacy

Please refer to the Privacy Policy available here for information and notices about how the Company collects, uses and shares your personally identifiable information in connection with the Services. You hereby agree to be bound by the Company’s Privacy Policy.

5. Fees

While Freshbit basic usage is free, you acknowledge that Freshbit reserves the right to charge for the Services and to change its fees from time to time in its discretion.

6. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Freshbit immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

7. Account

You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or signing out of your account will not automatically stop your subscription; you must actively cancel the subscription.

If you have subscribed to Freshbit Premium through the use of the App Store or Google Play Store, you can only cancel your subscription through the use of their services. However, if you have only opened an account through Freshbit mobile app, you can cancel your account by sending a request to our support team at afoodapp@gmail.com.

8. Non-commercial Use by Members

The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Freshbit. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means to send unsolicited email or unauthorized framing of or linking to Freshbit. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

9. Proprietary Rights in Content on Freshbit

By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to Freshbit, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Freshbit servers after you have removed the Content from the Services, and Freshbit retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person because of any Content posted by you to or through the Services. The Services contain Content of Freshbit ("Freshbit Content"). Freshbit Content is protected by copyright, trademark, patent, trade secret and other laws, and Freshbit owns and retains all rights in the Freshbit Content and the Services. The Services contain Content of Users and other Freshbit licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

10. Content Posted

Freshbit may delete any Content that in the sole judgment of Freshbit violates these Terms & Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Freshbit assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Freshbit chooses, in its sole discretion, to monitor the Services, Freshbit nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Freshbit does not endorse and has no control over the Content. Content is not necessarily reviewed by Freshbit before posting and does not necessarily reflect the opinions or policies of Freshbit. Freshbit makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You understand that by using the Services, you may be exposed to Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Services.

11. Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Freshbit reserves the right to investigate and take appropriate legal action against anyone who, in Freshbit’s sole discretion, violates this provision, including without limitation, removing any offending content from the Services and terminating the Membership of such violators. Prohibited Content and activity includes, but is not limited to Content that, in the sole discretion of Freshbit:

11. Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on Freshbit Services. Freshbit reserves the right to investigate and take appropriate legal action against anyone who, in Freshbit’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

13. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Freshbit to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Freshbit by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Freshbit’s Copyright Agent for notice of claims of copyright infringement can be contacted at afoodapp@gmail.com.

14. Member Disputes

You are solely responsible for your interactions with other Freshbit Members. Freshbit reserves the right but has no obligation, to monitor disputes between you and other Members.

15. Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

16. Customer Support Services

In case of any question regarding how the Service works, you can contact Freshbit customer support at afoodapp@gmail.com. Our customer support team can solely help you find how our Service works and relay any potential technical difficulty to our technology and software development team to fix the issue and they are not responsible for responding to any medical or health-related question.

17. Health Disclaimer

Freshbit and its Services provide diet, weight loss management, and nutritional information and are intended only to assist users with their health and weight goal efforts. Freshbit is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Freshbit Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight changes effort or regimen. These Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight change effort or regimen.

18. Disclaimers

Freshbit is not responsible for any incorrect or inaccurate Content posted on or in connection with the Services, whether caused by Freshbit, Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Services may contain links to other websites. Freshbit is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Freshbit. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Freshbit. When you access these third-party sites, you do so at your own risk. Freshbit takes no responsibility for third party advertisements which are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Freshbit is not responsible for the conduct, whether online or offline, of any User of the Services. Freshbit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Freshbit is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or any of the Services or combination thereof, including any injury or damage to Users or any person's electronic devices related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Freshbit be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Freshbit event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Freshbit expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Freshbit cannot guarantee and does not promise any specific results from use of the Services.

19. Limitation on Liability

IN NO EVENT SHALL FRESHBIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FRESHBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FRESHBIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FRESHBIT FOR THE FRESHBIT SERVICES DURING THE TERM OF MEMBERSHIP.

20. Governing Law and Disputes

These Terms & Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts to litigate any such action, provided that the foregoing shall not prevent Freshbit from seeking injunctive relief in a court of competent jurisdiction.

21. Indemnity

You agree to indemnify and hold Freshbit, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Services causes Freshbit to be liable to another.

22. Other

These Terms & Conditions are accepted upon your use of the Services and is further affirmed by you becoming a Member. These Terms & Conditions constitute the entire agreement between you and Freshbit regarding the use of the Services. The failure of Freshbit to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operate to the fullest extent permissible by law. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.

Please note that Freshbit reserves the right to change any of these terms of service at any time, without any notice. We encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service.

Please contact us at afoodapp@gmail.com with any questions regarding these Terms & Conditions.

I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.