1.2. The use of the Application is restricted solely to legal purposes and is restricted to individuals who are legally qualified or corporations.
1.3. The purpose of the Terms is to regulate the relations between the operator of the Application, VSM 4 ME Ltd. (the “Operator”) and any person and/or entity using and/or accessing the Application and the Service of the Operator. By using the Application, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Application and refrain from any use of the Application. The Operator reserves its right to terminate Your use of the Application if You will not comply with any or all of the Terms.
1.4. The Terms determine Your access to the Application and will apply to any of Your use in the Application including, but not only, use of data, content and services in the Application or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Application.
1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Application, the provisions of the Terms shall prevail.
1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Application, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.8. The Service is active and accessible at all hours of the day at every day, and You may use it at all times. However, the activity of the Application may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
1.10. It is hereby clarified that You declare and warrant that using and relying on the Service including any evaluation of Your diet and nutritional balance evaluated by the Operator is at Your own responsibility. Any medical and/or medical-related information which may appear in the Service is intended solely for general knowledge and personal tracking and does not replace any medical advice and/or medical diagnosis and/or recommendations from a qualified dietitian, and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which will occur resulting from any reliance on such information You were exposed to during Your use of the Service.
“Content” means the Application, tasks, indicators You fill in during Your use of the Service, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings sent by the Operator.
“Service” means the Application, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“Account” means the account opened by Your name in the Application including Your registration or any other use of the Service without creating an account.
“Application Errors” means any interruption in the Application’s availability due to reasons which are not directly controlled by the Operator.
“You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Application during Your use of the Application.
3. About the Terms
3.1. It is hereby clarified that only the Terms shall bind the Operator. Any advertising which may be available in the Application shall not be considered as the Operator’s recommendation or opinion regarding the willingness of such advertised content.
3.2. Using the Application is currently free of charge. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Application or the Application’s ’s features, in whole or in part, and reserves its rights to add additional features to the Application which their use may be subject to payment by You and You shall have no claim against the Operator in such case.
4. Safe Use, Liability and Limitation of Liability
4.1. You are responsible for Your own health. The Operator does not provide You with any medical advice or diagnosis. The Service is intended solely to help its users to record what they consume and to track various indicators such as their height, weight and diet. Information made available through the Service shall solely be used for general knowledge and educational purposes. You are advised to consult Your doctor or any other qualified practitioner before using the Service. The Operator cannot guarantee any health improvements as a result of Your use of the Service.
4.2. The Service is only intended for healthy adults. Therefore please do not use the Service if you suffer from, or might suffer from, any medical condition that may be affected by a certain diet that You may be exposed to during Your use of the Service. Nutritional information found in the Application has not necessarily been verified, investigated or reviewed by the Operator and may contain some inaccuracies. Therefore the Operator cannot guarantee such information is accurate, reliant or complete. The Operator is not responsible for any personal injury or any other damages that may result, directly or indirectly, of any of Your use of the Service.
4.3. The User must be cautious and aware of the risks of his sole reliance on medical information or medical-related information which may be available in the Service, and the User agrees that any use and/or reliance on such information is at his/her own risk and the User will have no claim against the Operator and/or anyone on the Operator’s behalf regarding any damage which may occur to the User and/or anyone on the User’s behalf resulting from any use and/or reliance on such information.
4.4. The Application may display various recommendations including, but not only, medical or medical-related recommendations. It is clarified that any advertising and/or displaying of Content and/or any other thing which will be displayed in the Application may not be reviewed as a recommendation and/or encouragement to purchase and/or to use any product and/or service by the Operator, and the Operator shall have no liability for any of the User’s actions resulting from reading any content in the Application. It is clarified that neither information appearing in the Application should be considered any binding information and/or recommendation, and it is advised to consult a medical expert and/or any other professional and/or qualified practitioner regarding any information available in the Service and You will have no claim against the Operator regarding any damage caused to You and/or any third party resulting from reliance on such information.
4.5. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Application and shutting down his Account without prior notice and under its sole discretion without refunding such User’s account in case of a breach, and the User will have no claims against the Operator in such case.
4.6. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Application and/or resulting from Your reliance on any content available in the Application including.
4.7. The Operator has no relation and/or connection to any of Your actions using the Service and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.
4.8. The Operator does not warrant that all links available on the Application, including links available on Mailings sent to You by the Operator, are active and/or will lead to an active link, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the Application.
4.9. The Services available on the Application may be interrupted and/or may face errors. The Operator does not warrant that the Application will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or content uploaded by You.
4.10. The information and Services available on the Application may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the Emails written via the Service will be accurate, correct and/or reliable in any manner.
4.11. You hereby agree that the Operator will not be liable for any unauthorized access to Your Account including any change in personal information You uploaded to the Application.
4.12. The Application will display various information including, but not only, nutritional values of food.. Such information is taken from third party sources which are neither controlled nor affected by the Operator and therefore the Operator shall not be liable for the correctness, accuracy and completion of such information.
4.13. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Application immediately and to block Your access to the Application without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
5. Intellectual Property
5.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
5.2. Without derogating from the above, the Application, all the webpages of the Application and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
5.3. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Application without the Operator’s prior and written consent.
5.4. You warrant not to publish any of the above content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt such content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
5.5. By using the Application You agree that as long as the Application is active, any of Your content will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law.
5.6. The ownership and the intellectual property rights of contents of third parties including images displayed in the Application are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Application. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Application, including any future changes to the Third Party Agreements.
5.7. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: email@example.com.
You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Application; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
7. Use of Personal Information
8.1. The Operator may offer to all its users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).
8.2. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
8.3. For the avoidance of any doubt, the above terms in this section 8 are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).
9.1. The Application is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Application and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Application including, but not only, theft of information of other users and breaching the security mechanisms of the Application. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Application and taking legal actions against You in such case.
9.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Application and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
10. Term and Termination
10.1. This Agreement commences on the day You start using the Application and continues until You refrain from any use of the Application and the Operator’s services.
10.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of (i) and (ii) of this section the Operator shall, where possible, give reasonable notice of such termination.
10.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Application and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Application will be considered as consent to such amended terms.
10.4. The Operator reserves its rights to shut down the Application or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
10.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
11. General Terms, Governing Law and Messages
11.2. The Account is personal and non-transferrable.
11.3. If You have any inquiries regarding the Terms, You may address the Operator via email address: firstname.lastname@example.org.
11.4. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Application.
11.5. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.