“Erik Orgu: Elu ilma dieedita” Terms of Use

Introduction

These terms of use apply between you, the User of this App (iOS or Android mobile application, or the website www.erikorgu.ee and any of its sub-domains - hereinafter all collectively referred to as the App), and Dietless OÜ ("us", "we", or "our"), the owner and operator of this App. The “Erik Orgu: Elu ilma dieedita” privacy policy which regulates our use of your personal data, forms an integral part of these terms. Please read these terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms is deemed to occur upon your first use of the App. If you do not agree to be bound by these terms, you should stop using the App immediately. In these terms of use, User or Users means any third party that accesses the App and is not either (i) employed by Dietless OÜ and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Dietless OÜ and accessing the App in connection with the provision of such services. You must be at least 18 years of age to use this App. By using the App and agreeing to these terms of use, you represent and warrant that you are at least 18 years of age.

Intellectual property

1. All Content included on the App, unless uploaded by Users, is the property of Dietless OÜ, its related Estonian company Dietless OÜ (Estonian registry code: 12840366; registered address: Tartu mnt 84a-112, 10112 Tallinn, Estonia) or our affiliates. In these terms of use, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this App, including any such content uploaded by Users. By continuing to use the App you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the App or its website https://www.erikorgu.ee shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the App or its website without the owner's prior written permission.
2. Dietless OÜ is the owner or the licensee of all intellectual property rights on our App, Content included. All such rights are reserved. Therefore, by continuing to use the App you acknowledge and undertake to protect all of the intellectual property rights associated with the App and its Content, including, but not limited to:
   1. European Union trade mark (EUTM) “Erik Orgu”, Nice classification 16, 35, 41, 42, 44; filed on 07/02/2017, file no. 016336349, owner: Dietless OÜ (registered address: Tartu mnt 84a-112, 10112 Tallinn, Estonia); and
   2. Registered Community Designs No. 003864123-001, 003864123-002, 003864123-003, 003864123-004, 003864123-005, 003864123-006, 003864123-007, 003864123-008, 003864123-009, 003864123-010, 003864123-011, 003864123-012, 003864123-013, 003864123-014 and 003864123-015; registered on 20/04/2017, owner: Dietless OÜ (registered address: Tartu mnt 84a-112, 10112 Tallinn, Estonia).
3. You may, for your own personal, non-commercial use only, do the following:
   1. retrieve, display and view the Content on a computer screen or in a mobile application (iOS, Android);
   2. print out the shopping list via the “print” button found on the App website https://www.erikorgu.ee in the Shopping List tab for intended and perceived non-commercial purposes only.
4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Dietless OÜ or Dietless OÜ.

Registration and proper use

5. Dietless OÜ provides personalised Internet- and mobile platform (iOS, Android) based nutrition advice in the form of recipes and general guidelines.
6. You are solely responsible for your own health. Dietless OÜ recommends obtaining professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our App or its website. Dietless OÜ does not provide medical services and nothing on the App or its website shall be construed as promises of any medical or health-kind nature. The purpose of the App is to help Users manage their eating and to track their weight. Always consult with your doctor if you experience any pain or discomfort when using the App.
7. Our services are only intended for healthy adults. Should you suffer from any medical condition that may be impaired by diet or exercise, please refrain from using the App. By continuing to use the App you confirm that you’re healthy.
8. Your subscription, including your e-mail, to “Erik Orgu: Elu ilma dieedita” is personal and may not be transferred or used by someone else. You are responsible for safeguarding your login details.
9. You must ensure that the information and details (name, height, weight, age, exercise level, dietary exclusions) provided by you on registration to the App or at any later time are correct and complete. You acknowledge that the App adjusts the recipes based on the information and details provided by you. You still make your own dietary decisions, regardless of what the App suggests.
   1. Dietless OÜ only operates with a limited variety of dietary exclusions. You are solely responsible for disclosing your dietary exclusions. Should you have a dietary exclusion that is missing from the options provided by Dietless OÜ, we urge you to not use the App. You are solely responsible for any injury or damage undisclosed dietary exclusions.
   2. By continuing to use the App you acknowledge that while your dietary exclusions are taken into account when searching for suitable recipes and eating out options, they are not taken into account in the context of recipe ingredient swaps. You are solely responsible for verifying that the ingredient you are swapping to does not conflict with your disclosed or undisclosed dietary exclusion.
10. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details in the App to ensure we can communicate with you effectively. The contact details are found at the bottom of this document.
11. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms of use.
12. You may cancel your registration at any time by informing us in writing to the address at the end of these terms of use. If you do so, you must immediately stop using the App. Cancellation or suspension of your registration does not affect any statutory rights.

Prohibited use

13. You may not use the App for any of the following purposes:
    1. in any way which causes, or may cause, damage to the App or interferes with any other person's use or enjoyment of the App;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable English, European Union or international law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of the App or its Content protected by copyright without the permission of the owner.
    4. any part of the App or its Content for whichever commercial purpose without the permission or licence of the owner.
14. Should you print off, copy or download any part of, or in entirety, our App or its Content in breach of these terms of use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Links to other Apps

15. The App may contain links to other sites. Unless expressly stated, these sites are not under the control of Dietless OÜ or that of our affiliates.
16. We assume no responsibility for the content of such Apps and disclaim liability for any and all forms of loss or damage arising out of the use of them.
17. The inclusion of a link to another site on this App does not imply any endorsement of the sites themselves or of those in control of them.

Availability and Purchases

18. The App is available to the User for the total duration of unpaid and paid subscriptions to “Erik Orgu: Elu ilma dieedita”.
19. The App is made available to all new Users for free (unpaid subscription) for the duration of the 3-day trial, after which the User may still retain restricted access to the App.
20. Further use of the App requires the User to purchase a paid subscription, either on https://www.erikorgu.ee in the Subscription tab under Profile section or, if enabled, in the companion mobile applications on Android and iOS platforms. The User can choose between a recurring monthly and one-off plans. The credit card will be charged immediately upon subscribing. Dietless OÜ currently offers the following subscriptions:
    1. Recurring monthly subscription - 14.49 EUR/monthly. You will be charged the first month’s fee when subscribing and, on an ongoing basis, an equal monthly fee on the last day of the already paid-for month. You can cancel your recurring monthly subscription anytime at https://www.erikorgu.ee in the Subscription tab under Profile section. When cancelled, your monthly subscription lasts until the end of the already paid-for time period (month);
    2. 3-month subscription with one-off payment – 38.99 EUR;
    3. 6-month subscription with one-off payment – 69.99 EUR.
21. By paying the subscription fee you get access to the App for the duration of the paid subscription.
22. If you have subscribed to a payment plan and you are not satisfied with your purchase, you may cancel your purchase within fourteen (14) calendar days of initial purchase by notifying the “Erik Orgu: Elu ilma dieedita” customer service (contact details are found at the bottom of this document). You do not have to provide a reason. We will fully refund your purchase within fourteen (14) calendar days of receipt of your notice by using your original payment method.
23. Dietless OÜ reserves the right to change the subscription fees from time to time.
24. All payments in the App are processed by Maksekeskus AS and its global affiliates.

Availability disclaimers

25. Any online facilities, tools, services or information that Dietless OÜ makes available through the App (the Service) is provided "as is" and on an "as available" basis. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We give no warranty that the Service will be free of defects and/or faults, nor that our App, or any Content on it, will always be available or uninterrupted. We may suspend or withdraw the availability of all or any part of our App for business or operational reasons. Moreover, Dietless OÜ is under no obligation to update information on the App.
26. Whilst Dietless OÜ uses reasonable endeavours to ensure that the App is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
27. Dietless OÜ accepts no liability for any disruption or non-availability of the App.

Limitation of liability

28. You use the App at your own risk and are solely responsible for all activities on your account. We are not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. In cases of unauthorized use of your account, you must immediately inform the “Erik Orgu: Elu ilma dieedita” customer service (contact details are at the bottom of this document).
29. Dietless OÜ cannot guarantee that the nutritional information provided in the App is accurate, reliant or complete.
30. To the maximum extent permitted by law, Dietless OÜ accepts no liability for any of the following:
    1. any personal injury or other damages that may have been the result, direct or indirect, of any use or misuse of the App, including disclosed or undisclosed dietary exclusions or medical conditions;
    2. any losses arising out of events beyond our reasonable control;
    3. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    4. loss or corruption of any data, database or software;
    5. any special, indirect or consequential loss or damage.
31. To the maximum extent permitted under applicable law, Dietless OÜ’s aggregated liability for any direct damages shall be limited to the lesser of: (a) subscription fees paid by the user; (b) 180 GBP.
32. Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

General

33. The App is directed to people residing in the United Kingdom. Users from other locations hereby acknowledge that we do not guarantee availability or suitability of the App in other locations.
34. You may not transfer any of your rights under these terms of use to any other person. We may transfer our rights under these terms of use where we reasonably believe your rights will not be affected.
35. These terms of use may be varied by us from time to time. Such revised terms will apply to the App from the date of publication. Users should check the terms of use regularly to ensure familiarity with the then current version.
36. These terms of use contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms of use.
37. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms of use and no third party will have any right to enforce or rely on any provision of these terms of use.
38. If any court or competent authority finds that any provision of these terms of use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms of use will not be affected.
39. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
40. The “Erik Orgu: Elu ilma dieedita” privacy policy, found on our App website https://www.erikorgu.ee, sets out the terms on which we process your personal data. By using the App, you consent to such processing and warrant that all data provided by you is accurate.
41. These terms of use will be governed by and interpreted according to English law. All disputes arising under these terms of use will be subject to the exclusive jurisdiction of the English courts.

Dietless OÜ contact details

42. Dietless OÜ is a company registered in Estonia, with company registration no. 12840366 and registered offices at Tartu mnt 84a-112, Tallinn, Estonia. Dietless OÜ operates the App “Erik Orgu: Elu ilma dieedita” (iOS and Android mobile applications, and website https://www.erikorgu.ee).
43. You can contact Dietless OÜ by email on info@erikorgu.ee.