Undermyfork Terms of Service

Published on: January 1, 2019

Welcome to Undermyfork ("Undermyfork" "we," or "us"). This text explains the terms by which you may use our mobile software application Undermyfork (the "App", or “the Service”). These Terms of Service (these "Terms") constitute a binding contract between you and Undermyfork Ltd. and apply to all users of the Service. By installing or using the App, you agree that you have read, understood, and agree to be bound by these Terms and the Undermyfork Privacy Policy. If you do not agree to these Terms, please do not use the Service.

Who May Use the Services

You may use these Services only if you are not barred from using these Services under your local law. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THESE SERVICES. Children between the ages of 13 and 18 may use these Services only with the permission and active involvement of a parent or legal guardian.

Undermyfork Services

Our Service helps you track how your food intake influences on your blood glucose levels. To use our Service you need to download the App on App Store, provide us with certain settings information as described in the Undermyfork Privacy Policy, and start uploading pictures of your food to the App. We will synchronize your food information with your blood glucose level data from Apple Health. That means that to enjoy our Service you will need to use a blood glucose meter compatible with Apple Health.

Health Disclaimer

You are responsible for your own health. Undermyfork is not a medical organization and its staff cannot give you medical and/or nutritional advice. The purpose of the Service is solely to help our users to track the influence of their food on their blood glucose levels. Nothing made available to you throughout the Service should be defined as medical or nutritional advice. The use of the Service does not replace your mandatory consultation with a healthcare professional, neither it replaces any medical device, or medical advice from your practitioner, and is undertaken exclusively at your own risk.

Service Rules

Using our Services includes the following commitments by you:

We may, without prior notice, change the Service, stop providing the Service or features of the Service to you or to users in general, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including, if in our sole determination, you violate any provision of these Terms, or for any reason not mentioned herein. You can stop using the Service at any time and delete the App from your mobile device. Upon termination for any reason or without reason at all, you continue to be bound by these Terms.

Rights to these Services Granted by Undermyfork

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and access the Service on your mobile device solely for your own personal non-commercial purposes. We reserve all rights in and to the Service not expressly granted to you under these Terms. Use of the Service for commercial purposes is subject to and only possible with our prior written consent for such use.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”), but you understand that we may use your Feedback without any our obligation to compensate you for them (just as you have no obligation to offer them).

User Content Ownership and Responsibility

You own all of the content and information you upload to the App. For content that is covered by intellectual property rights, e.g. photos, you hereby grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify and create derivative works based upon your content in connection with operating and providing the Service. This license ends when you delete respective content in the App, provided that we are entitled to use aggregate data as described in the Undermyfork Privacy Policy. You also represent and warrant that your content will not infringe, misappropriate, or violate a third party’s intellectual property rights, rights of privacy, or result in the violation of any applicable law or regulation. You may delete your content at any time by submitting a request to contact@undermyfork.com. However, you understand that removed content may persist in backup copies for a reasonable period of time. You agree that Undermyfork is not responsible for, and does not endorse, content transmitted throughout the Service. We may, but have no obligation to, remove, block, and/or monitor content that we determine in our sole discretion violates these Terms. If your content violates these Terms, you may bear legal responsibility for that content.

Our Proprietary Rights

The Service and all materials therein, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks (the "Undermyfork Content"), and all intellectual property rights related thereto, are the exclusive property of Undermyfork and its licensors. You acknowledge that applicable copyright, trademark, and other laws protect the Service and Undermyfork Content. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Undermyfork Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes. Use of the Service and Undermyfork Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Safety

We have the right to monitor the use of and access to the Service for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We can remove any content or information you upload to the App at any time and without notice, if we believe that it violates these Terms or Undermyfork Policy.

Indemnity

You will indemnify and hold harmless Undermyfork and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, , costs and expenses, and losses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your use of or access to the Service or Undermyfork Content; (ii) your user content; (iii) your violation of these Terms.

Warranty Disclaimers and Limitation of Liability

WE WILL TRY TO KEEP THE SERVICE UP AND RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. UNDERMYFORK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THESE SERVICES WILL NOT EXCEED THIRTY DOLLARS ($30). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, UNDERMYFORK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The Service is controlled and operated from our facilities in Europe. Undermyfork makes no claims that the Service are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for their compliance with local law.

Disputes

You agree to subject to the jurisdiction of England and Wales in the event of any legal dispute. These Terms shall be governed by the internal substantive laws of England and Wales, without respect to its conflict of laws principles. Exclusively the courts of England shall decide any claim or dispute between you and Undermyfork that arises in whole or in part from the Service.

General Terms

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. We may, in our sole discretion, modify these Terms at any time, and it is your responsibility to review these Terms for any changes. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or any future Terms of Service, do not use, access, or continue to access the Service and delete the App from your mobile device. Undermyfork may freely assign or transfer these Terms without restriction. Any notifications under these Terms, including those regarding modifications to these Terms, will be sent through the Service.

Contact Information

If you have any questions about these Terms and Services, please contact Undermyfork at: contact@undermyfork.com